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2007-08-27_Agenda Packet--Dossier de l'ordre du jourCity of Saint John Common Council Meeting Monday, August 27, 2007 Committee of the Whole 1. Call to Order 5:00 p.m. 8th Floor City Hall 1.0 Summary of Travel Expenses 1.1 Personnel Matter 10.2(4)0) 1.2 Personal Matter 10.2(4)(b) 1.3 Negotiations 10.2(4)(c) Regular Meeting 1. Call to Order — Prayer 6:00 p.m. Council Chamber 2. Approval of Minutes 2.1 Approval of August 13, 2007 Minutes 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Temporary Tenancy Agreement (Recommendation in Report) 5.2 Thank You Letter UNBSJ (Recommendation: Receive for Information) 5.3 Recognition of Citizens (Recommendation: Receive for Information) 5.4 Side Walk on Main Street (Recommendation: Refer to City Manager) 5.5 Concerns Regarding Skateboarding in the Uptown (Recommendation: Receive for Information) 5.6 Travel Expenses Mayor and Council (Recommendation: Receive for Information) 5.7 Heritage Building Designations (Recommendation: Refer to City Manager) 5.8 Contract 2007 -3 Station St - Watermain Structural Lining (Recommendation in Report) 5.9 Stop -Up and Closure of Portion of Retail Dr formerly Marlborough Ave (Recommendation in Report) 5.10 Rezoning Fundy View Gardens Subdivision 1967 Manawagonish Rd (Recommendation in Report) 5.11 Contract 2007 -10 Lancaster Lagoon, Cell #1 Biosolids Removal and Dewatering (Recommendation in Report) 5.12 Tender - Fire Station #7 Manchester Ave Parking Lot Upgrade (Recommendation in Report) 5.13 Shinerama Campaign UNBSJ Student Council (Recommendation: Receive for Information) 5.14 Proposal Call for Civic #1371 and #1375 Sandy Point Rd (Recommendation in Report) 5.15 Howes Lake Landfill Closure Phase IV Additional Work (Recommendation in Report) 5.16 DOT Highway Usage Permit (HUP) for Harbour Passage Reversing Falls Lookout (Recommendation in Report) 5.17 Stop -Up and Closure of Portions of Tudor Lane and Woodhaven Dr (Recommendation in Report) 5.18 MC North End Community Centre (Recommendation: Receive for Information) 6. Members Comments 7. Proclamation 7.1 Proclamation "United Way Day" September 6, 2007 8. Delegations / Presentations 6:15 p.m. 8.1 Canada Games Stadium Re- Development Plan 7:30 p.m. 8.2 Youth Council 9. Public Hearings 7:00 p.m. 9.1(a) Proposed Zoning By -law Amendment 237 Loch Lomond Road 9.1(b) Planning Advisory Committee Recommending Rezoning and Variance 237 Loch Lomond Road 9.2(a) Proposed Zoning By -law Amendment 436 Summit Drive 9.2(b) Letter form Logans Regarding Water Issues 9.2(c) Planning Advisory Committee Recommending Proposed Rezoning 436 Summit Drive 9.3(a) Proposed Zoning By -law Amendment 2797 Loch Lomond Road 9.3(b) Planning Advisory Committee Recommending Rezoning 2797 Loch Lomond Road 10. Consideration of By -laws 10.1 Noise By -Law Amendment 11. Submissions by Council Members 11.1 Governance Update (Councillor Farren) 11.2 Majority Rules (Deputy Mayor Hooton) 11.3 Coalition of Municipalities Against Racism and Discrimination (Councillor White) 11.4 Transportation "Comex" (Councillor Titus) 11.5 Proposed Affordable Housing Tours (Councillor McGuire) 11.6 Traffic Issues Spar Cove Road (Councillor Stephen Chase) 12. Business Matters - Municipal Officers 12.0 Regional Partnership for Professional Artists and the Community 12.1 2006 Annual Report of the City of Saint John Pension Plan 12.2 Public Education - Ward Plebiscite 12.3 Land Acquisition Thorne Avenue 12.4 Berryman Investments Ltd. Subdivision Proposed Cost Sharing - 210 Cottage Rd 12.5 Residential Infrastructure Assistance #40, 41 & 42 Summit Dr, Eagle Blvd and Cottage Rd 12.6 Sale of City Owned Land Ashburn Lake Rd 12.7 Lease of Stalls 6 & 7 City Market and By -law Amendment 13. Committee Reports 13.1 Planning Advisory Committee Recommending Fundy View Gardens Subdivision 1967 Manawagonish Rd 13.2 Proposed Governance System Vision 2015 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Brunswick Pipeline Request to Present to Council 16. Adjournment 92 -29 COMMON COUNCIL / CONSEIL COMMUNAL AUGUST 13, 2007 /LE 13 AOUT, 2007 COMMON COUNCIL MEETING — THE CITY OF SAINT JOHN CITY HALL — AUGUST 13, 2007 - 6:40 P.M. present Norman McFarlane, Mayor Deputy Mayor Hooton and Councillors Chang, Chase, Court, Farren, Ferguson, McGuire, Tait, and White -and - P. Woods, Common Clerk and Deputy City Manager; B. Cullinan, Solicitor; G. Yeomans, Commissioner of Finance and Treasurer; A. Beckett, Deputy City Manager of Programs and Priorities; E. Giffin, Senior Project Manager, Municipal Operations and Engineering; J. Baird, Commissioner of Planning and Development; W. Edwards, Commissioner of Buildings and Inspection Services; A. Bodechon, Chief of Police; M. Gillan, Deputy Fire Chief, and S. Cunningham, Administrative Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 13 AOUT 2007 A 18 H 40 Sont prbsents : Norman McFarlane, maire la mairesse supplbante Hooton et les conseillers Chang, Chase, Court, Farren, Ferguson, McGuire, Tait et White et P. Woods, greffier communal et directeur gbnbral adjoint; B. Cullinan, avocat municipal; Greg Yeomans, commissaire aux finances et trbsorier; A. Beckett, directeur gbnbral adjoint, programmes et prioritbs; E. Giffin, gestionnaire de projet principal - opbrations municipales et ingbnierie; J. Baird, commissaire a l'urbanisme et au dbveloppement; W. Edwards, commissaire aux services d'inspection et des batiments; A. Bodechon, chef de police; M. Gillan, chef adjoint du service d'incendie, et S. Cunningham, commis a I'administration. Call To Order — Prayer Mayor McFarlane called the meeting to order and Father Theodore of the Greek Orthodox Church offered the opening prayer. Ouverture de la seance, suivie de la priere La sbance est ouverte par le maire McFarlane et le pore Theodore de 1'6glise grecque orthodoxe rbcite la priere d'ouverture. 2. Approval of Minutes On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the minutes of the meeting of Common Council, held on July 30, 2007, be approved. Question being taken, the motion was carried. 2. Approbation du proces- verbal Proposition de la mairesse suppleante Hooton Appuybe par le conseiller White RESOLU que le proces- verbal de la reunion du conseil communal tenue le 30 juillet 2007 soit approuv6. A ('issue du vote, la proposition est adoptbe. 92 -30 COMMON COUNCIL /CONSEILCOMMUNAL AUGUST 13, 2007 /LE 13 AOUT, 2007 3. Approval of Agenda On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the agenda of this meeting be approved with the addition of item 12.2(a) Noise By -law Amendment, and the following revised items - 5.5 Public Hearing Date - 461 Ellerdale Street (change in date) and 10.2 Third Reading Zoning By -law Amendment - Red Head Area (corrected PID Number). Question being taken, the motion was carried. 3. Adoption de I'ordre du jour Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'ordre du jour de la presente seance soit adopte moyennant I'ajout du point 12.2a) Modification de I'arrete concernant la prevention de bruit excessif dans The City of Saint John, et les points revises suivants 5.5 Date d'audience publique visant le 461, rue Ellerdale (changement de date) et 10.2 Troisieme lecture de la modification de I'arrete de zonage relative a la region de Red Head (correction du NID). A ('issue du vote, la proposition est adoptee. 4. Disclosures of Conflict of Interest Councillor Chang declared a conflict of interest on items 10.2 Third Reading Zoning By- law Amendment Red Head Area and item 11.4 Feasibility of Installing LED Traffic Lights. 4. Divulgations de conflits d'interets Le conseiller Chang declare qu'il est en situation de conflit d'interets relativement au point 10.2 Troisieme lecture de la modification de I'arrete de zonage relative a la region de Red Head et au point 11.4 Possibilite d'installer des feux de signalisation DEL. 5. Consent Agenda 5.1 That the letter from BCAPI and Vibrant Communities requesting to present to Council be referred to the Common Clerk to schedule a presentation. 5.2. That as recommended by the City Manager, the submitted report detailing the summary of findings from the survey on the information booklet entitled "A View on Saint John, How Your Tax Dollars Build Value in our Community, be received for information. 5.3 That as recommended by the City Manager, Common Council consent to an Assignment of Lease from A Little Faith Inc. to 629517 NB Inc., reserving never the less, the Lessor's rights with respect to any future assignment, effective July 30, 2007; and further that the Mayor and Common Clerk be authorized to execute the consent. 5.4 That as recommended by the City Manager, the proposal of CBCL Limited for engineering services (design and construction management) for the Flow Monitoring — Water Distribution System Project be accepted and the Mayor and Common Clerk be authorized to execute the appropriate documentation in that regard. 5.5 That as recommended by the City Manager, the Common Clerk schedule the public hearing for the re- zoning application of Hughes Surveys & Consultants Inc. for Woodhollow Park Development Ltd. at 461 Ellerdale Street for September 10, 2007 at 7:00 p.m. in the Council Chamber. 5.6 That as recommended by the City Manager, Common Council authorize advertisement and set a public hearing date at 7:00 p.m. on September 10, 2007 in the Council Chamber, for consideration of the proposed amendments to the Saint John Preservation Areas By -Law (proposed to be renamed the Heritage Development By- Law). 5.8 That as recommended by the City Manager, Common Council rescind its resolution of January 29, 1974 and further resolve to sell that parcel of land shown as lot 92 -31 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2007 /LE 13 AOUT, 2007 "B" on Plan file #57 drawer #5, being a 9,175 sq. ft. +/- parcel to Mrs. Patel on or before August 24, 2007 for $4,000. plus HST if applicable with the Mayor and Common Clerk authorized to execute any document required to effect the transfer. 5.9 That as recommended by the City Manager, the City of Saint John acquire PID 55055180 and a 13 -acre portion +/- of PID 55055214 as generally shown on the submitted sketch from Lake Minote Holdings Ltd. for $32,500. on or before August 31, 2007; and further that the City of Saint John shall prepare and pay for any plan necessary to effect the transaction; and the Mayor and the Common Clerk be authorized to execute all documents required to finalize this transaction. 5.10 That as recommended by the City Manager, The City of Saint John transfer the fee simple interest in the Stopped Up and Closed portion of Egbert Street within the limits of Lot 98 -3 and owned by Loblaw Properties Limited, as shown on the submitted plan on or before September 27, 2007 for $1.00 plus all expenses incurred to effect the transfer; and further that the Mayor and Common Clerk be authorized to sign the transfer or any other documents required to finalize this transaction. 5.11 RESOLVED that occasion having arisen in the public interest for the following Public Civic Works and needed Civic Improvements, that is to say: The City of Saint John Proposed issue of Debentures To Be Dated On or After September 12, 2007 Purpose of Issue GENERALFUND Protective Services $ 1,250,000. Transportation Services $ 2,250,000. Economic Development $ 1,000,000. Parks and Recreation $ 1,200,000. WATER & SEWERAGE UTILITY Water System Sewer System SAINT JOHN TRANSIT TOTAL 5,700,000. $ 5,000,000. $ 2,000,000. 7,000,000. 500,000. $ 13,200,000. THEREFORE RESOLVED that debentures be issued under provisions of the Acts of Assembly 52, Victoria, Chapter 27, Section 29 and amendments thereto, to the amount of $ 13,200,000. 5.12 That as recommended by the City Manager, Common Council authorize staff to proceed with identifying a qualified contractor to place engineered backfills on the slope to fill the void left by the slope failure on the east side of Fallsview Drive (third option) at an estimated cost of $46,000. and report back to Council with a recommendation for award of the contract by September 10, 2007. 5.13 That as recommended by the City Manager, the tender for the establishment of a 12 month supply agreement for the provision of tires, tubes, miscellaneous materials and services, be awarded to the lowest acceptable bidder in each case as indicated on the submitted summary of bids. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the recommendation set out for each consent agenda item respectively, with the exception of item 5.7 Proposed Development Crane Mountain Road, which has been identified for debate, be adopted. Question being taken, the motion was carried. 92 -32 COMMON COUNCIL /CONSEILCOMMUNAL AUGUST 13, 2007 /LE 13 AOUT, 2007 5. Questions soumises a I'approbation du conseil 5.1 RESOLU que la lettre regue des organismes BCAPI [collectivites commerciales luttant contre la pauvrete] et Vibrant Communities [communautes vivantes], voulant se presenter devant le conseil, soit transmise au greffier communal aux fins d'inscription de ladite presentation a I'ordre du jour. 5.2. RESOLU que, comme le recommande le directeur general, le rapport presente recapitulant les conclusions tirees du sondage effectue dans le cadre de la brochure intitulee « A View on Saint John, How Your Tax Dollars Build Value in our Community [La perspective de Saint John et comment les sommes que vous versez a titre d'impot foncier sont une source de valeur pour notre collectivite], soit accepte a titre informatif. 5.3 RESOLU que, comme le recommande le directeur general, le conseil communal accorde son consentement a la cession du bail conclu au nom de A Little Faith Inc., a 629517 NB Inc., en conservant toutefois les droits du bailleur relatifs a toute cession future, a compter du 30 juillet 2007, et que le maire et le greffier communal soient autorises a signer ledit consentement. 5.4 RESOLU que, comme le recommande le directeur general, la proposition de CBCL Limited soit acceptee visant les services d'ingenierie (gestion de la conception et de la construction) relativement au projet de surveillance du flot — systeme de distribution de I'eau, et que le maire et le greffier communal soient autorises a signer la documentation exigee a cet egard. 5.5 RESOLU que, comme le recommande le directeur general, le conseil communal fixe la date d'audience publique relative a la demande de rezonage deposee par Hughes Surveys & Consultants Inc., au nom de Woodhollow Park Development Ltd., situee au 461, rue Ellerdale, au 10 septembre 2007, a 19 h, dans la salle du conseil. 5.6 RESOLU que, comme le recommande le directeur general, le conseil communal autorise la publication d'avis et fixe la date d'une audience publique au 10 septembre 2007 a 19 h dans la salle du conseil, afin d'examiner le projet de modification de I'arrete relatif aux secteurs sauvegardes de Saint John, dans le but de le renommer arrete relatif a I'amenagement du patrimoine. 5.8 RESOLU que, comme le recommande le directeur general, le conseil communal annule la resolution adoptee le 29 janvier 1974 et resout de vendre la parcelle de terrain delimitee comme le lot « B » dans le plan du tiroir 5, dossier 57, d'une superficie approximative de 9 175 pieds carres, a Mme Patel, au plus tard le 24 aout 2007, pour la somme de 4 000 $, TVH en sus, le cas echeant, et que le maire et le greffier communal soient autorises a signer toute documentation exigee afin de conclure la transaction. 5.9 Resolu que, comme le recommande le directeur general, The City of Saint John acquiere les biens -fonds inscrits sous le NID 55055180, et une partie de la parcelle inscrite sous le NID 55055214, d'une superficie approximative de 13 acres, comme le montre de maniere generale le croquis presente par Lake Minote Holdings Ltd., pour la somme de 32 500 $, au plus tard le 31 aout 2007, que The City of Saint John prepare le plan exige afin de conclure ladite transaction et acquitte tous les frais afferents, et que le maire et le greffier communal soient autorises a signer toute documentation exigee afin de conclure ladite transaction. 5.10 RESOLU que, comme le recommande le directeur general, The City of Saint John transfere, au plus tard le 27 septembre 2007, I'interet en fief simple de la partie fermee et barree de la rue Egbert, sise a I'interieur des limites du lot 98 -3 appartenant a Loblaw Properties Limited, tel qu'elle est delimitee sur le plan presente, pour la somme de 1 $, ainsi que toutes les depenses effectuees afin de realiser le transfert, et que le maire et le greffier communal soient autorises a signer I'acte de transfert et toute autre documentation exigee afin de conclure ladite transaction. 5.11 IL EST RESOLU que, compte tenu de la necessite, dans I'interet public, de proceder a I'execution de travaux municipaux et d'apporter certaines ameliorations municipales relativement aux elements enumeres ci- dessous : The City of Saint John Emission de debentures proposee 92 -33 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2007 /LE 13 AOUT, 2007 Date d'emission : le 12 septembre 2007 ou ulterieurement Objet de 1'emission : FONDS D'ADMINISTRATION Services de protection 1 250 000 $ Services de transport 2 250 000 $ Developpement economique 1 000 000 $ Pares et loisirs 1 200 000 $ 5 700 000 $ RESEAU D'AQUEDUC ET D'EGOUTS Reseau d'aqueduc 5 000 000 $ Reseau d'egouts 2 000 000 $ 7 000 000 $ COMMISSION DES TRANSPORTS DE SAINT JOHN 500 000 $ TOTAL 13 200 000 $ EN CONSEQUENCE, IL EST RESOLU que des debentures soient emises conformement aux dispositions des lois de la Chambre d'assemblee, 52 Victoria, chapitre 27, article 29, et modifications afferentes, au montant de 13 200 000 $. 5.12 RESOLU que, comme le recommande le directeur general, le conseil communal autorise les employes municipaux a proceder a la recherche d'un entrepreneur competent pour effectuer les travaux de remblayage sur la pente de la promenade Fallsview afin de combler le vide cree par I'affaissement du sol sur le cote est (troisieme option), au cout prevu de 46 000 $, qu'ils presentent une recommandation au conseil en vue d'octroyer le contrat avant le 10 septembre 2007. 5.13 RESOLU que, comme le recommande le directeur general, la soumission relative a 1'etablissement d'un contrat s'echelonnant sur une periode de 12 mois visant la fourniture de pneus, de chambres a air et de divers materiel et services soit accorde au soumissionnaire convenable le moins disant dans chaque cas, comme I'indique le sommaire des soumissions presente. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que la recommandation formulee pour chacune des questions soumises a I'approbation du conseil, a 1'exclusion du point 5.7, Amenagement propose pour le chemin Crane Mountain, et qui a ete selectionnee aux fins de deliberations, soit adoptee. A ('issue du vote, la proposition est adoptee. 6. Members Comments Council members commented on various community events. 6. Commentaires presentes par les membres Les membres du conseil s'expriment sur diverses activites communautaires. 7. Proclamation The Mayor proclaimed the week of August 13 -17, 2007 to be "Port City Rainbow Pride Festival Week" in the City of Saint John. 7. Proclamation Le maire declare que la semaine du 13 au 17 aout 2007 est la Semaine de la fierte gaie dans la ville portuaire. 8. Delegations /Presentations 92 -34 COMMON COUNCIL /CONSEILCOMMUNAL AUGUST 13, 2007 /LE 13 AOUT, 2007 8.1 Al Williams — Saint John Ride Park 12.2 2086 Ocean Westway It was agreed to bring forward the City Manager's report for 2086 Ocean Westway at this time for consideration during the presentation. Harry Colwell, Solicitor, addressed Council on behalf of Al Williams regarding the motocross ride park. Mr. Colwell advised that the park is not a commercial operation or a legal entity with a registered name, but rather it is used by individuals on a voluntary basis, at their own risk and no fee is charged. During discussion he stated that he is not aware of any licensing requirement and expressed the opinion, based upon a review of the City's by -laws, that there are no violations of any existing by -laws and the use is not in any way violating Mr. Williams' private use of the property. Referring to a submitted presentation and electronic photographs, Al Williams of 2086 Ocean Westway spoke concerning the Saint John Ride Park advising that it is not just a motor cross track but a ride park which accommodates BMX bikes, remote cars, ATV's, and motorbikes with the hours of operation being Tuesday and Thursday 6:00 - 8:00 p.m and Saturday from 1:00 to 5:00 p.m. Mr. Williams advised his home is the closest residence to the park and explained that the issue of noise could be dealt with by the installation of new generation sound curtains or water systems but only if the park becomes a commercial operation due to the costs involved with this type of installation. He noted that if the park were to become a commercial entity he could then charge a fee which would help with this expenditure and perhaps receive sponsorship for the sound curtains. Concluding his presentation he pointed out that he has not received any ticket or been notified that he is in violation of anything. A lengthy discussion followed with Councillors acknowledging the concerns of residents in the area. Responding to questions, Mr. Williams advised that he is willing to work with the citizens that reside in the area to address their concerns. It was proposed by several Councillors that an amendment to the Noise By -law may be the only solution at this time. 12.2 Noise By -law Amendment On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the by -law entitled "By -law Number M -22 A By -law Respecting the Prevention of Excessive Noise in the City of Saint John" be amended with respect to "off road vehicle ", be read a first time. Councillor Chase expressed the view that the proposed amendment is not workable in its present state and suggested that further details be included with respect to the noise level from off road vehicles. Question being taken, the motion was carried. Read a first time by title, the by -law entitled "By -law Number M -22 A By -law Respecting the Prevention of Excessive Noise in the City of Saint John ". On motion of Councillor Farren Seconded by Councillor Court RESOLVED that the by -law entitled "By -law Number M -22 A By -law Respecting the Prevention of Excessive Noise in the City of Saint John" be amended with respect to "off road vehicle ", be read a second time. Question being taken, the motion was carried. Read a second time by title, the by -law entitled "By -law Number M -22 A By -law Respecting the Prevention of Excessive Noise in the City of Saint John ". On motion of Councillor Chang Seconded by Councillor Ferguson RESOLVED that Council suggest that Al Williams and all residents in the area who have concerns with regard to the motocross park meet with City staff to discuss a compromise to the situation. Question being taken, the motion was carried. 8. Delegations et presentations 92 -35 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2007 /LE 13 AOUT, 2007 8.1 Al Williams — Piste de Saint John 12.2 2086, voie Ouest Ocean II est convenu d'examiner des maintenant, aux fins de la presentation, le rapport du directeur general relatif au 2086, voie Ouest Ocean. Maitre Harry Colwell se presente devant le conseil au nom de Al Williams au sujet de la piste de motocross. Me Colwell affirme qu'il ne s'agit pas d'un parc exploite aux fins commerciales ni d'une entite juridique enregistree sous une raison sociale; plutot, les personnes utilisent volontairement cette piste a leurs propres risques et 1'entree est libre. Au cours des discussions, it indique n'etre au courant d'aucune exigence en matiere de permis et, apres avoir etudie les arretes municipaux, it est d'avis qu'aucune violation n'existe a 1'encontre des arretes municipaux en vigueur et qu'en la matiere M. Williams exerce son droit de jouir de sa propriete privee. Se reportant a une presentation soumise et a des photographies electroniques, Al Williams, residant au 2086, voie Ouest Ocean, indique que le parc Saint John Ride Park offre non seulement une piste de motocross, mais qu'il s'adapte egalement au motocross de bicyclettes, aux voitures telecommandees, aux VTT et aux motocyclettes et que les heures d'ouverture sont de 18 h a 20 h les mardi et jeudi et de 13 h a 17 h le samedi. M. Williams affirme que la residence la plus rapprochee du parc est la sienne; le bruit pourrait titre reduit par ('installation de rideaux isolants acoustiques ou de systemes aquatiques nouvelle generation, mais cela n'est valable que dans le cas ou le parc serait exploite a des fins commerciales etant donne les couts eleves lies a ce type d'installation. II indique que s'il exploitait le parc en tant qu'entite commerciale it pourrait demander des frais d'entree pour aider a payer ces depenses et qu'il obtiendrait peut- etre une subvention pour ('installation de rideaux acoustiques. II conclut sa presentation en soulignant qu'il n'a requ aucune contravention ni avis de violation quelconque. Une longue discussion s'ensuit et les conseillers reconnaissent les inquietudes des citoyens du quartier. M. Williams repond aux questions posees et donne a entendre qu'il est pret a collaborer avec les citoyens du quartier afin de prendre en compte leurs preoccupations. Plusieurs conseillers constatent qu'une modification apportee a 1'arrete concernant le bruit serait peut -titre la seule solution possible pour le moment. 12.2 Modification de I'arrete concernant la prevention de bruit excessif dans The City of Saint John Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que 1'arrete intitule « arrete no M -22 concernant la prevention de bruit excessif dans The City of Saint John », soit modifie afin d'y prevoir une disposition relative aux « vehicules hors route », fasse ('objet d'une premiere lecture. Le conseiller Chase indique qu'a son sens la modification proposee n'est pas viable telle qu'elle est presentee et suggere que de plus amples details soient inclus relativement au niveau de bruit cree par les vehicules hors route. A ('issue du vote, la proposition est adoptee. Premiere lecture par titre de 1'arrete intitule « arrete no M -22 concernant la prevention de bruit excessif dans The City of Saint John ». Proposition du conseiller Farren Appuyee par le conseiller Court RESOLU que I'arrete intitule a arrete no M -22 concernant la prevention de bruit excessif dans The City of Saint John », soit modifie afin d'y prevoir une disposition relative aux « vehicules hors route », fasse ('objet d'une deuxieme lecture. A ('issue du vote, la proposition est adoptee. Deuxieme lecture par titre de I'arrete intitule « arrete no M -22 concernant la prevention de bruit excessif dans The City of Saint John ». Proposition du conseiller Chang 92 -36 COMMON COUNCIL /CONSEILCOMMUNAL AUGUST 13, 2007 /1-E 13 AOUT, 2007 Appuyee par le conseiller Ferguson RESOLU que le conseil demande a Al Williams et a tous les citoyens du quartier preoccupes par la piste de motocross de se reunir avec les employes municipaux afin de trouver une solution de compromis en la matiere. A ('issue du vote, la proposition est adoptee. 8.2 Saint John Industrial Parks Ltd. Claude MacKinnon, President of Saint John Industrial Parks Ltd. recognized staff and Board Members present in the Council Chambers. Referring to a submitted electronic presentation, Mr. MacKinnon updated Council on the Mayor's Task Force on industrial parks and reviewed the ten recommendations of the Task Force. He advised that the Board and its governmental partners are very supportive of the Task Force Report pointing out that many of the recommendations have already been implemented or have been undertaken in the course of the ongoing operations and the potential of additional resources would permit and facilitate the completion of the remaining recommendations. Brian Irving, General Manager provided an overview of the Industrial Park website - www.SaintJohnlndustrial.ca. Mr. MacKinnon concluded the presentation requesting that Council direct the City Manager to present the appropriate budget consideration to effect the task force recommendations and responded to questions. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that Common Council direct the City Manager to present the appropriate 2008 budget consideration to effect the Mayor's Task Force Recommendations for the Saint John Industrial Parks Ltd.; and that Saint John Industrial Parks create a strategic plan to implement the Task Force Recommendations. Question being taken, the motion was carried. 8.2 Saint John Industrial Parks Ltd. [ Pares industriels de Saint John] Claude MacKinnon, president de Saint John Industrial Parks Ltd., s'adresse aux employes et aux conseillers municipaux presents dans la salle du conseil. Se reportant a une presentation electronique soumise, M. MacKinnon met le conseil au courant des demarches entreprises par le groupe de travail du maire et examine les dix recommandations formulees par celui -ci. II indique que le conseil et ses partenaires gouvernementaux appuient fortement le groupe de travail et souligne que plusieurs recommandations ont deja ete suivies ou mises en ceuvre au cours de ses operations habituelles et que des ressources supplementaires permettraient plus facilement de realiser les recommandations restantes. Brian Irving, directeur general, presente un apergu du site Web des pares industriels dont I'adresse est le www.SaintJohnlndustrial.ca. M. MacKinnon conclut sa presentation avec une demande adressee au conseil voulant que celui -ci charge le directeur general de presenter les donnees budgetaires adequates afin de mettre en oeuvre les recommandations formulees et it repond aux questions posees. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que le conseil communal charge le directeur general de presenter les donnees budgetaires adequates pour I'annee 2008 dans le but de mettre en oeuvre les recommandations formulees par le groupe de travail du maire aux fins du parc industriel de Saint John et que les representants de celui -ci redigent un plan strategique afin de realiser les recommandations du groupe de travail. A I'issue du vote, la proposition est adoptee. 9. Public Hearings 7:00 P.M. 92 -37 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2007 /LE 13 AOUT, 2007 9.1(a) Proposed Section 39 Amendment — 9 Simpson Drive The Common Clerk advised that the necessary advertising was completed with regard to the proposed amendment to the Section 39 Conditions imposed on the September 8, 1992 re- zoning of the property located at 9 Simpson Drive, also identified as PID Number 00299297 to permit a revised proposal. 9.1(b) Planning Advisory Committee re 9 Simpson Drive Consideration was also given to a report from the Planning Advisory Committee submitting a copy of Planning Staff's report considered at its August 7, 2007 meeting at which the Committee decided to recommend that Council not amend the Section 39 conditions described above. The Mayor called for members of the public to speak against the proposed Section 39 Amendment with no one presenting. The Mayor called for members of the public to speak in favor of the proposed Section 39 Amendment with no one presenting. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that Common Council not amend the Section 39 conditions imposed on the September 8, 1992 re- zoning of the property situated at 9 Simpson Drive, also identified as being a portion of PID 00299297. Question being taken, the motion was carried. 9. Audiences publiques a 19 h 9.1a) Projet de modification des conditions imposees par I'article 39 visant le 9, promenade Simpson Le greffier communal indique que les avis requis ont ete publies relativement a la modification proposee aux conditions imposees par I'article 39, le 8 septembre 1992, relativement au rezonage de la propriete situee au 9, promenade Simpson, inscrite sous le NID 00299297, afin de permettre la presentation d'une offre revisee. 9.1b) Comite consultatif d'urbanisme concernant le 9, promenade Simpson Examen d'un rapport presente par le Comite consultatif d'urbanisme accompagne d'un exemplaire du rapport du personnel du service d'urbanisme, etudie lors de la seance du 7 aout 2007 au cours de laquelle le comite a resolu de recommander que le conseil refuse de modifier les conditions susmentionnees imposees par I'article 39. Le maire invite le public a se prononcer contre la modification proposee en vertu de I'article 39, mais personne ne prend la parole. Le maire invite le public a se prononcer en faveur de la modification proposee, mais personne ne prend la parole. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le conseil communal refuse de modifier les conditions imposees par I'article 39 le 8 septembre 1992 en vue de rezoner la propriete situee au 9, promenade Simpson inscrite sous le NID 00299297. A ('issue du vote, la proposition est adoptee. 92 -38 COMMON COUNCIL /CONSEILCOMMUNAL AUGUST 13, 2007 /LE 13 AOUT, 2007 10. Consideration of By -laws 10.1(a)Third Reading Traffic By -law Amendment Millidge Avenue and Kennebecasis Drive On motion of Councillor Farren Seconded by Councillor White RESOLVED that the by -law entitled "A By -law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto ", with regard to Millidge Avenue and Kennebecasis Drive, be read. Question being taken, the motion was carried. The by -law entitled, "A By -law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto" was read in its entirety. On motion of Councillor Farren Seconded by Councillor White RESOLVED that the by -law entitled "A By -law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto ", with regard to Millidge Avenue and Kennebecasis Drive, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried Read a third time by title, the by -law entitled "A By -law Respecting Traffic on Streets in the City of Saint John Made Under the Authority of the Motor Vehicle Act, 1973, and Amendments Thereto ". 10. Etude des arretes municipaux 10.1a) Troisieme lecture de la modification de I'arrete relatif a la circulation visant I'avenue Millidge et la promenade Kennebecasis Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que I'arrete intitule « arrete modifiant I'arrete relatif a la circulation dans les rues de The City of Saint John, edicte en vertu de la Loi sur les vehicules a moteur (1973) et les modifications afferentes » relativement a I'avenue Millidge et a la promenade Kennebecasis, fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « arrete relatif a la circulation dans les rues de The City of Saint John, edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes est lu integralement. Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que I'arrete intitule « arrete modifiant I'arrete relatif a la circulation dans les rues de The City of Saint John, edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes » relativement a I'avenue Millidge et a la promenade Kennebecasis, fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « arrete relatif a la circulation dans les rues de The City of Saint John edicte en vertu de la Loi sur les vehicules a moteur (1973) et modifications afferentes ». 92 -39 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2007 /LE 13 AOUT, 2007 (Councillor Chang declared a conflict of interest and withdrew from the meeting.) 10.2(a)Third Reading Zoning By -law Amendment Red Head Area On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number C.P. 110 -49 A Law to Amend the Zoning By -law of the City of Saint John ", re- zoning a parcel of land having an area of approximately 66 hectares, located in the Red Head area, also identified as being a part of PID Number 339960 from "RS -2" One and Two Family Suburban Residential and "RF" Rural to "PQ" Pits and Quarries classification, be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 110-49 A Law to Amend the Zoning By -law of the City of Saint John" was read in its entirety. 10.2(b)Section 39 Conditions — Red Head Area On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED: 1. That, pursuant to the provisions of Section 39 of the Community Planning Act, the establishment and operation of a gravel pit on a parcel of land having an area of approximately 66 hectares, located in the Red Head Area, also identified as being a part of PID No. 339960, be subject to the following conditions: a) The disturbed area of the site is restricted to a maximum of 4 hectares (10 acres) at all times and all other areas of the site, except for the access driveway, shall remain undisturbed (including retention of existing tree cover) or shall be fully rehabilitated (including revegetation of the excavated area). b) In addition to the requirements contained in Section 680(10)(d) of the Zoning By -law, the elevation of any portion of the site after excavation shall be no less than the greater of the following: i) 53 metres above sea level; or ii) 10 metres (32.8 feet) below the existing elevation of that portion of the site c) Trucks and equipment, not being utilized as part of the active excavation of the site, shall not be stored on the site. 2. That an agreement pursuant to Section 101 of the Community Planning Act be executed to ensure that a buffer of evergreen trees be established on PID No. 416644 adjacent to the property to the south where natural tree stands do not exist. Question being taken, the motion was carried. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number C.P. 110 -49 A Law to Amend the Zoning By -law of the City of Saint John ", re- zoning a parcel of land having an area of approximately 66 hectares, located in the Red Head area, also identified as being a part of PID Number 339960 from "RS -2" One and Two Family Suburban Residential and "RF" Rural to "PQ" Pits and Quarries classification, be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 110 -49, A Law to Amend the Zoning By -law of the City of Saint John ". (Councillor Chang re- entered the meeting.) (Le conseiller Chang declare qu'il est en situation de conflit d'interets et quitte la seance.) 92 -40 COMMON COUNCIL /CONSEILCOMMUNAL AUGUST 13, 2007 /1-E 13 AOUT, 2007 10.2a) Troisieme lecture du projet de modification de I'arrete de zonage — Region de Red Head Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que I'arrete intitule « arrete no C.P. 110 -49 modifiant I'arrete de zonage de The City of Saint John », visant a rezoner une parcelle de terrain d'une superficie approximative de 66 hectares, situee dans la region de Red Head et inscrite sous le NID 339960, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » et de zone rurale « RF » a zone de gravieres et de sablieres (< PQ », fasse ('objet d'une lecture. A ('issue du vote, la proposition est adoptee. L'arrete intitule « arrete no C.P. 110-49 modifiant I'arrete de zonage de The City of Saint John » est lu integralement. 10.2b) Conditions imposees par I'article 39 visant la region de Red Head Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU : 1. Qu'en vertu des dispositions de ('article 39 de la Loi surl'urbanisme, I'amenagement et 1'exploitation d'une graviere dans une parcelle de terrain d'une superficie approximative de 66 hectares, situee dans la region de Red Head et faisant partie du terrain inscrit sous le NID 339960, soient assujettis aux conditions suivantes a) les aires perturbees de 1'emplacement ne doivent pas exceder en tout temps une superficie maximale de 4 hectares (10 acres) et tout autre secteur de 1'emplacement, a 1'exclusion de la voie d'acces, doit demeurer intact (y compris le maintien du couvert forestier) ou doit titre integralement rehabilite (incluant la remise en vegetation du secteur excave); b) en sus des exigences stipulees en vertu de I'alinea 680(10)d) de I'arrete de zonage, le niveau d'elevation de toute portion du site doit correspondre, a la suite de 1'excavation, au moins a la plus elevee des valeurs suivantes : i) 53 metres au- dessus du niveau de la mer; ii) 10 metres (32,8 pieds) en dessous du niveau d'elevation existant de cette portion du site; c) les camions et 1'equipement non utilises pour les travaux d'excavation en cours ne peuvent titre entreposes sur le site; 2. Qu'une convention soit conclue en vertu de I'article 101 de la Loi surl'urbanisme afin d'assurer I'amenagement d'un tampon d'arbres a feuillage persistant sur la parcelle portant le NID 416644 attenante a la propriete sise au sud ou it ne se trouve aucun peuplement forestier. A ('issue du vote, la proposition est adoptee. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que I'arrete intitule « arrete no C.P. 110 -49 modifiant I'arrete de zonage de The City of Saint John », visant a rezoner une parcelle de terrain d'une superficie approximative de 66 hectares, situee dans la region de Red Head et inscrite sous le NID 339960, afin de faire passer la classification s'y rapportant de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » et de zone rurale « RF » a zone de gravieres et de sablieres « PQ », fasse ('objet d'une troisieme lecture, que ledit arrete soit edicte et que le sceau communal y soit appose. A ('issue du vote, la proposition est adoptee. Troisieme lecture par titre de I'arrete intitule « arrete no C.P. 110-49 modifiant I'arrete de zonage de The City of Saint John ». (Le conseiller Chang est de nouveau present 6 la reunion.) 92 -41 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2007 /LE 13 AOUT, 2007 10.3 Third Reading Municipal Plan Amendment Secondary Access to Red Head Area On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the by -law entitled, "By -law Number C.P. 105 -11, A Law to Amend the Municipal Plan By -law" amending Schedule 4 -A, the Street Plan and Part 4 ", be read. Question being taken, the motion was carried. The by -law entitled, "By -law Number C.P. 105 -11, A Law to Amend the Municipal Plan By -law" was read in its entirety. On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that the by -law entitled, "By -law Number C.P. 105 -11, A Law to Amend the Municipal Plan By -law" amending Schedule 4 -A, the Street Plan and Part 4 ", be read a third time, enacted and the Corporate Common Seal affixed thereto. Question being taken, the motion was carried. Read a third time by title, the by -law entitled, "By -law Number C.P. 105 -11, A Law to Amend the Municipal Plan By -law ". 10.3 Troisieme lecture de la modification du plan municipal visant la voie d'acces secondaire en direction de la region de Red Head Proposition de la mairesse supplbante Hooton Appuybe par le conseiller White RESOLU que 1'arr6t6 intitulb « arrbtb no C.P. 105- 11 modifiant I'arrbtb portant sur I'adoption d'un plan municipal », modifiant I'annexe 4 -A, le plan des rues et la partie 4, fasse l'objet d'une premibre lecture. A ('issue du vote, la proposition est adoptbe. L'arrbtb intitulb « arrbtb no C.P. 105 -11 modifiant I'arretb portant sur I'adoption d'un plan municipal » est lu intbgralement. Proposition de la mairesse supplbante Hooton Appuybe par le conseiller Farren RESOLU clue 1'arretb intitulb « arrbtb no C.P. 105- 11 modifiant I'arrbtb portant sur I'adoption d'un plan municipal », modifiant I'annexe 4 -A, le plan des rues et la partie 4, fasse ('objet d'une troisibme lecture, clue ledit arrbtb soit bdictb et clue le sceau communal y soit apposb. A ('issue du vote, la proposition est adoptbe. Troisibme lecture par titre de I'arretb intitulb « arrbtb no C.P. 105 -11, modifiant 1'arretb portant sur I'adoption d'un plan municipal ». 11. Submissions by Council Members 11.1 Grant Request for 51 Metcalf St. Old North End Home Ownership Program On motion of Councillor McGuire Seconded by Deputy Mayor Hooton RESOLVED that a grant be provided in the amount of municipal fees to assist the Old North End Home Ownership Program for 51 Metcalf Street. Question being taken, the motion was carried. 11. Intervention des membres du conseil 92 -42 COMMON COUNCIL /CONSEILCOMMUNAL AUGUST 13, 2007 /1-E 13 AOUT, 2007 11.1 Demande de subvention du programme de possession de maisons dans le quartier Old North End visant le 51, rue Metcalf Proposition du conseiller McGuire Appuyee par la mairesse suppleante Hooton RESOLU qu'une subvention soit accordee au montant egal aux droits municipaux afin de soutenir le programme de possession de maisons dans le quartier Old North End visant le 51, rue Metcalf. A I'issue du vote, la proposition est adoptee. 11.2 Bus Service to Latimore Lake Community On motion of Councillor Chang Seconded by Deputy Mayor Hooton RESOLVED that the request to create a second bus route to Latimore Lake as soon as possible, using the information outlined within the proposal of the submitted letter from Councillor Chang, be referred to the Saint John Transit Commission. Councillor Tait stated a service standard review will be carried out shortly and expressed concern that it is not responsible to make a decision now without carrying out the proper analysis first. Raising concerns with respect to the additional cost involved, Councillor White stated that unless the City provides the required funding, this second route will not be possible. Question being taken, the motion was carried with Councillors Tait and White voting "nay ". 11.2 Service d'autobus pour la communaute du lac Latimore Proposition du conseiller Chang Appuyee par la mairesse suppleante Hooton RESOLU que la demande voulant ajouter un second parcours d'autobus en direction du lac Latimore des que possible, selon ('information contenue dans la proposition soulignee dans la lettre presentee par le conseiller Chang, soit transmise a la Commission des transports de Saint John. Le conseiller Tait affirme qu'une etude sera bientot effectuee sur les normes du service et exprime ses preoccupations quant au bien fonde d'une telle decision sans avoir au prealable procede a une evaluation adequate. Le conseiller White fait remarquer que des couts supplementaires seraient engages et que ce second parcours est impossible a moins que la Ville n'assure le financement. A ('issue du vote, la proposition est adoptee. Les conseillers Tait et White votent contre la proposition. 11.3 Timing of Ward /Mixed System Implementation 12.1 Information from Elections NB It was agreed to bring forward item 12.1, information from Election NB forward for consideration during discussion on the Ward /Mixed System Implementation. On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the City put the question of system of election to a plebiscite in advance of the 2008 Municipal election in order to allow the outcome to be reflected in the 2008 Municipal election. Referring to a briefing paper presented in 1997 Councillor Court stated there was no evidence that an election by ward in Saint John would improve representation, accountability or the nature of governance over the present practice of election at large. Deputy Mayor Hooton called a point of order expressing the view that Councillor Court was starting to debate the issue. Mayor McFarlane ruled that the discussion must relate to the proposed motion. Councillor Court commented further with respect to an article in the local newspaper, to which Deputy Mayor Hooton raised a point of privilege. Mayor McFarlane stressed that discussion must relate to the motion. Continuing, Councillor 92 -43 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2007 /LE 13 AOUT, 2007 Court spoke against the plebiscite stating that a ward system is a backward step for the City and that it should be held during the next election. Speaking against the proposed motion, Councillor Tait expressed concern with the cost of holding a plebiscite election now, advising that he would prefer that it be held during the next municipal election. Referring to the Councillor Court's comment, Councillor Chase raised a point of privilege advising that neither the Deputy Mayor or himself went to the local newspaper. Discussion continued with Councillors speaking in support of the motion and Councillor Ferguson suggesting an amendment that the wording of the plebiscite be approved by Council. Councillor Farren stressed the importance of the public, along with Council members, being aware of the pros and cons of a ward system and questioned if there would be enough time for the public to gain a good understanding of this system. On motion of Deputy Mayor Hooton Seconded by Councillor McGuire RESOLVED that the meeting be extended beyond 10:00 p.m. as provided for in Council's Procedural By -law. Question being taken, the motion was carried. Expressing the opinion that there would not be enough time to education the public on this matter Councillor Chang stated he could not support spending approximately $200,000. to hold the election prior to the municipal election. Mayor McFarlane pointed out he has never spoke against a ward system and expressed the view that it is up to the citizens of Saint John to decide if they want this system. Question being taken, the motion was carried with Councillors Chang, Court, Farren and Tait voting "nay ". Mayor McFarlane commented briefly advising that this election will not be handled by the Province of N.B., but rather the City with the Common Clerk being the Returning Officer. Mr. Woods explained that the election would be run out of the Common Clerk's Office and the entire process must be completed by November 9, 2007. The three readings for the new ward by -law must be completed by this date as well. 11.3 Mise en oeuvre d'un systeme electoral mixte /systeme de quartiers 12.1 Presentation d'information du Bureau du directeur general des elections (Elections Nouveau - Brunswick) II est convenu d'examiner le point 12.1 presentation d'information du Bureau du directeur general des elections au cours des discussions sur la mise en oeuvre du systeme electoral mixte /systeme de quartiers. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que la Ville soumette la question du systeme electoral au plebiscite anterieurement aux elections municipales de 2008 afin de connai"tre les resultats avant la tenue de ces elections. Se reportant a un document preparatoire presente en 1997, le conseiller Court indique qu'il n'y a aucune preuve que les elections par quartier dans Saint John amelioreraient davantage la representation, la responsabilisation ou la nature de la gouvernance que le systeme d'elections universelles en vigueur a I'heure actuelle. La mairesse suppleante Hooton fait un rappel au reglement et indique qu'a son sens le conseiller Court entame une discussion sur le sujet. Le maire McFarlane declare que la discussion doit porter sur la motion proposee. Le conseiller Court mentionne un article publie dans le journal local et la mairesse suppleante Hooton souleve un point de privilege. Le maire McFarlane souligne que toute discussion doit porter sur la proposition. Le conseiller Court poursuit son discours contre le plebiscite et insiste que la Ville prend un pas a I'arriere en adherant au systeme par quartiers et que le plebiscite devrait titre tenu pendant les prochaines elections. Se pronongant contre la proposition, le conseiller Tait exprime ses inquietudes quant aux couts qu'engendrerait un plebiscite a I'heure actuelle et indique qu'il serait preferable de le tenir pendant les prochaines elections municipales. 92 -44 COMMON COUNCIL /CONSEILCOMMUNAL AUGUST 13, 2007 /LE 13 AOUT, 2007 Se reportant au commentaire formule par le conseiller Court, le conseiller Chase souleve un point de privilege et affirme que ni la mairesse suppleante ni lui -meme n'ont communique avec les preposes du journal local. La discussion se poursuit, les conseillers se prononcent en faveur de la proposition et le conseiller Ferguson suggere qu'une modification soit apportee au libelle du plebiscite et qu'elle soit approuvee par le conseil. Le conseiller Farren souligne qu'il importe que le public et les membres du conseil connaissent les pour et les contre du systeme de quartiers et demande s'il y a suffisamment de temps pour permettre au public de bien comprendre ce systeme. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller McGuire RESOLU que la seance soit prolongee au -dela de 22 h en vertu des dispositions de I'arrete portant sur le reglement interieur du conseil. A ('issue du vote, la proposition est adoptee. Le conseiller Chang exprime son opinion voulant qu'on ne dispose pas du temps necessaire pour sensibiliser le public sur cette question et qu'il ne peut justifier des depenses d'environ 200 000 $ pour tenir un plebiscite avant les elections municipales. Le maire McFarlane declare ne s'etre jamais prononce contre un systeme de quartiers et qu'a son avis se sont les citoyens de Saint John qui doivent choisir d'adopter ce systeme ou de le rejeter. A ('issue du vote, la proposition est acceptee. Les conseillers Chang, Court, Farren et Tait votent contre la proposition. Le maire McFarlane discute brievement des prochaines elections et affirme que la province du Nouveau - Brunswick n'assumera aucune responsabilite, cependant la Ville s'en chargers et le greffier communal agira en tant que directeur du scrutin. M. Woods explique que les elections auront lieu au Bureau du greffier communal et que 1'ensemble du processus doit titre termine avant le 9 novembre 2007. Les trois lectures de I'arrete relatif aux systeme d'election par quartiers doivent egalement avoir eu lieu avant cette date. (Councillor Chang declared a conflict of interest and withdrew from the meeting.) 11.4 Feasibility of Installing Solar Panels to Power LED Traffic Signals On motion of Councillor Ferguson Seconded by Deputy Mayor Hooton RESOLVED that the City Manager in cooperation with Saint John Energy research and investigate the feasibility of purchasing and installing solar panels for LED traffic signals throughout Saint John. Question being taken, the motion was carried. (Councillor Chang re- entered the meeting.) (Le conseiller Chang declare qu'il est en situation de conflit d'interets et quitte la seance.) 11.4 Possibilite d'installer des panneaux solaires pour faire fonctionner les feux de signalisation DEL Proposition du conseiller Ferguson Appuyee par la mairesse suppleante Hooton RESOLU que le directeur general, en collaboration avec Saint John Energy, etudie la possibilite d'acquerir et d'installer des panneaux solaires pour faire fonctionner les feux de signalisation partout dans Saint John. A ('issue du vote, la proposition est adoptee. (Le conseiller Chang est de nouveau present a la reunion.) 11.5 Employment Matter See Committee of the Whole August 13, 2007 92 -45 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2007 /LE 13 AOUT, 2007 11.5 Question relative a I'emploi Voir Comite plenier 13 aout, 2007 11.6 Consolidation of Boards On motion of Councillor Tait Seconded by Councillor McGuire RESOLVED that a Committee of the various stakeholders be struck, to be spearheaded by Paul Zed, MP, to consider the feasibility of merging the Port Authority and Airport Boards into a single entity. On motion of Deputy Mayor Hooton Seconded by Councillor Ferguson RESOLVED that the letter from Councillor Tait proposing that a Committee of the various stakeholders be struck, spearheaded by Paul Zed, MP, to consider the feasibility of merging the Port Authority and Airport Boards into a single entity, be tabled. Question being taken, the tabling motion was lost with the majority of Councillors voting "nay ". Question being taken on the original motion, the motion was carried. 11.6 Fusion de conseils d'administration Proposition du conseiller Tait Appuyee par le conseiller McGuire RESOLU qu'un comite soit cree et dirige par Paul Zed, depute, reunissant les diverses parties interessees afin d'etudier la possibilite de fusionner I'administration portuaire et le conseil d'administration de I'aeroport. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Ferguson RESOLU que la lettre presentee par le conseiller Tait proposant qu'un comite soit cree et dirige par Paul Zed, depute, reunissant les diverses parties interessees afin d'etudier la possibilite de fusionner I'administration portuaire et le conseil d'administration de I'aeroport, soit reportee. A ('issue du vote, la proposition visant a reporter la question est rejetee. La majority des conseillers votent contre la proposition. A ('issue du vote, la proposition initiale est adoptee. 11.7 Complaints Regarding Skateboards, Bikes and Panhandlers in Uptown Area On motion of Councillor Court Seconded by Councillor Farren RESOLVED that legal staff review the City's by- laws to see if they should be enhanced with regard to complaints concerning skateboards, bikes and panhandlers in the uptown area so that the by -laws can be enforced. Councillor Chang expressed his disagreement with the proposed motion pointing out many young people today use their bike or skateboard as a means of transportation. Question being taken, the motion was carried with Councillor Chang voting "nay ". 11.7 Plaintes relatives aux planches a roulettes, aux bicyclettes et a la mendicite dans le centre -ville Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que les employes des services juridiques 92 -46 COMMON COUNCIL /CONSEILCOMMUNAL AUGUST 13, 2007 /1-E 13 AOUT, 2007 etudient les arretes municipaux afin de determiner si les dispositions relatives aux planches a roulettes, aux bicyclettes et a la mendicite dans le centre -ville doivent titre renforcees afin de faciliter I'application des arretes. Le conseiller Chang exprime son desaccord et constate qu'a I'heure actuelle un grand nombre de jeunes se deplacent a bicyclette ou en planche a roulettes. A ('issue du vote, la proposition est adoptee. Le conseiller Chang vote contre la proposition. 12. Business Matters - Municipal Officers 12.3 Rockwood Park Golf Course — Agreement with Total Golf Management Inc. On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that the submitted report be received and filed, and City staff ensure that the Rockwood Park Course is inspected twice a year by City turf specialists, with inspection reports being filed with the Commissioner of Leisure Services. Question being taken, the motion was carried. 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.3 Terrain de golf du parc Rockwood — contrat avec Total Golf Management Inc. Proposition de la mairesse suppleante Hooton Appuyee par le conseiller White RESOLU que le rapport presente soit accepte et depose aux dossiers et que les employes municipaux s'assurent que le terrain de golf du parc Rockwood est inspecte semestriellement par les specialistes de gazon et que des rapports d'inspection soient deposes aupres du commissaire aux services des loisirs. A ('issue du vote, la proposition est adoptee. 12.4 Saint John Community Loan Fund On motion of Deputy Mayor Hooton Seconded by Councillor Farren RESOLVED that as recommended by The City Manager, Common Council approve a $50,000. investment in the Saint John Community Loan Fund, and indicate an expected return of 3 %. Question being taken, the motion was carried. 12.4 Fonds d'emprunt communautaire de Saint John Proposition de la mairesse suppleante Hooton Appuyee par le conseiller Farren RESOLU que, comme le recommande le directeur general, le conseil communal approuve un investissement de 50 000 $ dans le fonds d'emprunt communautaire de Saint John et prevoit un taux de rendement de 3 p. cent. A ('issue du vote, la proposition est adoptee. 92 -47 COMMON COUNCIL /CONSEIL COMMUNAL AUGUST 13, 2007 /LE 13 AOUT, 2007 12.5 2007 Capital Budget On motion of Deputy Mayor Hooton Seconded by Councillor White RESOLVED that as recommended by the City Manager, Common Council authorize: 1. Saint John Development Corporation to add to its contract for the painting of the steel pipe railings, that portion of the continuous rail system that is the responsibility of the City of Saint John and that the City authorize the payment of not more than $32,000 to the Saint John Development Corporation. 2. The investment of not more than $60,000. in the Lily Lake Pavilion, specifically for the purpose of finishing the basement, and putting it in rentable condition. 3. Saint John Development Corporation to finalize a contract to resurface that portion of Harbour Passage leading up to and including the lands under the Harbour Passage and that the City provide an additional $63,170. for this purpose. Question being taken, the motion was carried. 12.5 Budget d'immobilisations de 2007 Proposition de la mairesse supplbante Hooton Appuyee par le conseiller White RESOLU que, comme le recommande le directeur general, le conseil communal autorise : 1. la Saint John Development Corporation d'ajouter a son contrat relatif aux travaux de peinture des rampes en acier, la portion du reseau de rampes relevant de la responsabilite de The City of Saint John et que la Ville autorise le versement de la somme maximale de 32 000 $ a Saint John Development Corporation; 2. I'investissement de la somme maximale de 60 000 $ clans le pavillon de Lily Lake, plus particulibrement destines aux travaux de finition du sous -sol et pour rendre le pavillon en etat favorable a la location; 3. Saint John Development Corporation a conclure un contrat relatif au resurfagage du terrain situe en dessous du passage du port, y compris la portion du passage menant a ce terrain, et que la Ville contribue une somme supplementaire de 63 170 $ a ces fins. A ('issue du vote, la proposition est adoptee. 13. Committee Reports 13.1 Saint John Industrial Parks — White Rocks Road Pipe Materials Rebate On motion of Councillor Court Seconded by Councillor Farren RESOLVED that Common Council agree to reimburse the Saint John Industrial Parks Ltd. up to a maximum of $100,000. plus HST as pipe material rebate for Phase I, White Rocks Road. Question being taken, the motion was carried. 13. Rapports deposes par les comites 13.1 Saint John Industrial Parks [parts industriels de Saint John] concernant la deduction sur le cout du materiel de tuyauterie visant le chemin White Rocks Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que le conseil communal accepte de rembourser Saint John Industrial Parks Ltd., la somme maximale de 100 000 $, TVH en sus, en tant que deduction sur le cout de materiel de tuyauterie pour la Phase I du projet du chemin White Rocks. A ('issue du vote, la proposition est adoptbe. 92 -48 COMMON COUNCIL /CONSEILCOMMUNAL AUGUST 13, 2007 /1-E 13 AOUT, 2007 13.2 Saint John Industrial Parks — Public Utility Easement Assent On motion of Councillor Farren Seconded by Councillor White RESOLVED that Common Council assent to the Public Utility Easement as laid out in the submitted Subdivision Plan for Lot 07 -1 in the McAllister Industrial Park. Question being taken, the motion was carried. 13.2 Saint John Industrial Parks [pares industriels de Saint John] concernant I'approbation de la servitude d'utilite publique Proposition du conseiller Farren Appuyee par le conseiller White RESOLU que le conseil communal accorde son assentiment a la servitude d'utilite publique tel qu'elle est delimitee sur le plan de lotissement presente relatif au lot 07 -1 situe dans le parc industriel McAllister. A ('issue du vote, la proposition est adoptee. 14. Consideration of Issues Separated from Consent Agenda 14.1 Proposed Development - Crane Mountain Road On motion of Councillor Court Seconded by Councillor Farren RESOLVED that the letter concerning the proposed development on Crane Mountain Road, be referred back to the City Manager to send a letter to the Provincial Government seeking approval for the homeowner to build on this site; and if granted, The City of Saint John move forward and allow Katrina L. Carvell to build on the property. Question being taken, the motion was carried. 14. Etude des sujets ecartes des questions soumises a I'approbation du conseil 14.1 Projet d'amenagement au chemin Crane Mountain Proposition du conseiller Court Appuyee par le conseiller Farren RESOLU que la lettre relative au projet d'amenagement visant le chemin Crane Mountain soit retransmise au directeur general pour qu'il puisse faire une demande au gouvernement provincial d'autoriser au proprietaire de construire sur cet emplacement et, si cette permission est accordee, que The City of Saint John permette Katrina L. Carvell de construire sur ladite propriete. A ('issue du vote, la proposition est adoptee. 16. Adjournment The Mayor declared the meeting adjourned at 11:00 p.m. 16. Cloture de la seance Le maire declare que la seance est levee a 23 h. Mayor /maire Common Clerk /greffier communal August 21, 2007 His Worship Mayor Norm McFarlane And Members of Common Council Your Worship and Members of Council SUBJECT: Plebiscite - Temporary Tenancy Agreement Attached for Council's approval is a temporary tenancy agreement for the lease of space at the Parkway Mall. The space will house the Returning Office for the upcoming plebiscite. The space is available immediately, on the Transit Bus route, is accessible and offers free parking for staff and clients. The cost for the tenancy period from August 21s` to October 12 is $3000. Resolution: That Common Council approve the attached Temporary Tenancy Agreement and authorize the Mayor and Common Clerk to sign the agreement. Re fully Submitted Patrick Woods Common Clerk SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saingohn.ca I C.P. 1971 Saint John, NA. Canada E2L 4L1 TEMPORARY TENANCY AGREEMENT This agreement dated this 20th day of August 2007 BETWEEN: Parkway Mall 212 McAllister Drive Saint John, NB E2J 2S5 (Landlord) and City of Saint John PO Box 1571 15 Market Square Saint John NB E21, 4L1 (Tenant) This is to certify that permission is hereby granted to the Tenant to occupy the premises of the Shopping Centre for the purposes, dates and times on the Terms and Conditions indicated as follows: PREMISES: CENTRE: TERM: HOURS OF USE: TRADE NAME: USE: COMMENCEMENT DATE Former Baptist Bookroom Parkway Mall August 21, 2007 thru October 12, 2007 Monday thru Sunday (at Tenants discretion) City of Saint John For the purpose of Municipal election. August 21, 2007 RENT: From and after the commencement date, Tenant shall pay to Landlord rent payable in advance on the first day of the month, and if the commencement date is not the first date of the month then the first instalment of rent shall be payable on the commencement date for the broken portion of the month at the beginning of the term. Rent will be Three thousand ($3,000) plus HST for the total term. RELOCATION: Landlord has the right to relocate Tenant if necessary to a space of equal size. CONDITIONS OF USE: The entrances to the parking lot shall not be blocked at anytime nor shall the Tenant use of the said area interfere with the customers or the normal operations of the Shopping Centre. 2. Occupancy and use shall be confined to the area designated and specified herein. 3. The Tenant agrees to indemnify the Landlord, its officers, employees, licensees, tenants and invitees and save it harmless for an against any and all claims, actions, damages, liability insurance in respect of injury on one or more persons, and property damage insurance in connections with the use of the Premises. The Tenant shall obtain general liability insurance in an amount not less than $2,000,000.00_ The Tenant must provide a copy of said insurance. 4. The Tenant agrees to accept the premises on an as is basis. The Tenant will be responsible for maintaining and leaving the premises in a neat and tidy condition during the occupancy and at the conclusion of the use permitted herein. 5. The Landlord gives permission to the Tenant to attach fixturing to the walls provided that the walls are restored upon vacating the premises at Tenant's sole expense. 6. The Landlord and the Tenant agree that this agreement can be cancelled by either party upon prior written notice one to the other. 7. The Tenant agrees not to duplicate any keys for the space and return all keys to the Landlord upon the termination of this agreement. (NOTE: It would be prudent for the Tenant to change the locks on the doors for Security reasons and turn in the keys to the new locks at the termination date.) 8. All signage must be professionally prepared and installation of such signage to interior or exterior mall bulkheads must be done in a method suitable to the Landlord. 9. Tenant agrees to abide by all rules and regulations that govern this Centre and agrees to carry on activity in good taste and in a lawful manner suitable for public display in a high -class retail centre. 10. Tenant will be responsible for any costs to the Landlord of the Shopping Centre in carrying out obligations under this contract, which Tenant does not perform. 11. The Tenant shall be responsible for obtaining its own permit(s) and for paying all business taxes. 12. The Landlord shall be responsible for hydro (power usage) including the hook -up and all consumption for the entire term. IN WITNESS WHEREOF, the parties hereto have properly executed this agreement the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: CITY OF SAINT JOHN BY: (TENANT) a :... BY: (LANDLORD) y UNB Sairttlohn UNIVERSITY OF NEW BRUNSWICK SAINT JOHN PO Box 5050 SAINT JOHN, NB CANADA E2 L 41-5 August 14th, 2007 TEL 506 648 -56515 Fax 506 648 -5528 VPSJ@UNBSI.CA WWW.UNB.CA Mayor Norm McFarlane & Council PO Box 1971 Saint John, NB E2L 4L1 Dear Mayor & Council, OFFICE OF THE PHILIP W. OLAND HALL VICE - PRESIDENT On behalf of a grateful UNB Saint John community I would like to thank the Saint John Police Force for their quick and effective response to recent racially motivated assaults targeted against our students. I would like to particularly thank Deputy Chief Bill Reid, Darrell Scribner (Major Crimes) and Keith Copeland (Lead Investigator) for keeping us informed throughout the course of their investigation and for their understanding of the effect a crime of this nature has on our students and our community. UNB Saint John began its internationalization efforts in 1999. Since that time many individuals and organizations have embraced the influx of new cultures and new ideas into our city. Many community leaders have publicly supported internationalization in our community and we are ever thankful for their support. We do not believe these recent actions to be indicative of the opinions of Saint John as a whole, but as reflective of a minority of intolerant individuals who continue to seek ways to threaten the multicultural fabric of our region and our nation. hese acts of intolerance can only be addressed through the cooperation and commitment of a solid team of community partners. We are proud to be part of such community. I would be grateful to have this letter entered into the record of Council as our formal expression of thanks. Sincerely, 'ox � Kathryn Hamer Vice-President (UNB Saint John) Eric L. Teed, O.C., C.D., Q.C. 127 Prince William Street, Saint John, New Brunswick, E2L 2134 Tel: (506) 634 -7324 Fax: (506) 634 -7423 yJ J August 2nd, 2007 Members of Common Council City of Saint John 15Market Square Saint John, NB E2L 1E8 Your Worship and Councillors, It was with great interest, I learned that Ken Gould, a former city councillor and citizen of the City is the second donor in Saint John to reach 500th blood donations through the Canadian Blood Services. It is suggested this should be appropriately recognized. For reasons unknown to the writer, there has been a forceful reluctant by the City to pay tribute and honor to such citizens. Also, I suggest there has been a mistaken feeling that bestowing of the freedom of the City upon one individual would be appropriate, as a form of recognition. This is done normally for military reasons, the concept being, it gives the grantee the right to parade in Military dress, bearing anus throughout the City. This is a procedure carried forward from the time when City walls prevented any military parade within the City with military weapons unless such an honor or right was given. However, to bestow this on non military groups would seem not appropriate. This is not applicable to the concept of Free Citizens or `Freeman' as it is properly termed which meant the individual did not have to pay a tax to do business within the City. Those persons not freeman had to pay for the privilege of working or selling in the City I suggest, the appropriate way of honoring persons who have earned recognition by their leadership or work in one or more fields, was given by the City Charter and subsequently confirmed by a Statue which allows the City to create Free Citizens. Saint John can create free citizens by appointment as a freeman by unanimous vote of the City Council. This is a distinction which Saint John has and is the only City in Canada entitled so to do. I am aware that some feel there should be a record of distinction served for the benefit of many, to be worthy of recognition. However, donating blood for those in need is not only life saving but is an example of dedication to the lives of others, what could be of greater service. For a Councillor to suggest if one does this, there will be no end to awarding this distinction as others who come along and reach a similar record would have to be so honored raises the question, Why not? The simple answer is, it would show Saint John citizens are aware of the needs of others. What could be a better example. Fortunately, Saint John has two person who have demonstrated their dedication and service to their fellow citizens, namely, Don Shaw who has now given over500 blood donations and Ken Gould who recently completed 500 blood donations. For your thoughtful consideration and hopefully positive action with respect to these two individuals Yours truly, Er}c`L Teed>I' -Zl Eric L. Teed, O.C., C.D.. Q.C. ° 127 Prince William Street, Saint John, New Brunswick, E21, 2B4 Tel: (506) 634 -7324 Fax: (506) 634 -7423 Aug 13th, 2007 Common Council City of Saint John Your Worship and Councillors, I wish to bring to your attention a dangerous situation which has continued without any remedial action for some time. When one comes to the viaduct from Main Street on the south side entrance there appears a side walk for pedestrians . This gets narrower and then peters out, just as the sidewalk turns the comer. Pedestrians start to walk and when the side walk peters out to the centre, then try to cross or continue walking in part along the narrow side. This causes a danger to both to vehicles who do not expect to find pedestrians and to the pedestrians who may fall of the side or fail to realize the danger as they are not in a position to see cars approaching and car drivers do not expect to see people walking when there isn no sidewalk. Possibly a sign and banner indicating no entry would be a quick and effective remedy. �r Saint John Common Council Attn: Mayor Norm McFarlane & Councilors PLEAsS,E. N .Q.TE : This letter was prepared to be delivered to all of you BEFORE the Skateboard article appeared in the telegraph on Tuesday August 21 s`. 2007 The article on Saturday August 18`h. 2007,QUOTING Councilor Ivan Court "out of control skateboarders" who fly down city sidewalks, nearly running people over is the SAME CONCERN I gave council in August 2006, however my concerns may not have been taken seriously enough. As I mentioned in my letter to you in 2006, these same skateboarders put children, seniors and TOURISTS at risk and also make walking our sidewalks on King & Germain streets, King square and in front of CITY HALL a very Uncomfortable experience. They are RECKLESS and FOUL MOUTHED in most of my experiences with them when walking uptown and I am hoping this ARTICLE will finally make you realize what REALLY is going on in our UPTOWN AREA, with this group of individuals. A skateboard park is necessary; however an unregulated /policed sport such as Skateboarding should not be allowed to do their present activities on local streets. Please ask yourselves, are other sports who do not have LOCAL FACILITIES available to them, such as skiing, roller blading, cross country skiing, wrestling etc. practice their skills on our sidewalks and streets ?? I do not think so!!! If the PARK goes as initially announced, nearby HARBOR STATION, this will only INCREASE the Skateboard activity in the uptown area!! ....as I previously pointed out to all of you. Please ask yourself this question, HOW OFTEN have you seen a Skateboarder carry their board to their destination, compared to the number of times you see them skating on our streets? A Harbor Station Park will ONLY INCREASE UPTOWN SKATEBOARD TRAFFIC!!! Not to mention traffic at the Hilton Hotel and Seniors Housing on the WATER FRONT!! As QUOTED by Sgt. Pat Bonner > I am not convinced an Uptown Park will reduce skateboard activity on City streets. Again I will attempt to attract your attention to the fact; you should have some CONTROL on their activity if you are paying for approx. 50 % of the cost of the park. This can be a WIN/WIN situation, but if and only if you as council members take steps to MONITOR activity prior to giving your $265,000 contribution. Rewards such as $265,000 should be given if COOPERATION is received from the parties getting the funds. I see little or no change in the past 12 months and if anything it may be WORSE!! Unless you live and work uptown you may not get to see all the activity that actually takes place on Skateboards 7 days a week. Thank you Gerry Dort gerrydoi7t&ro era s.com 214-0505 r r i. i • !I i H M & C — 2007- 282 The City of saint John August 21, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Travel Expenses Mayor and Councillors Staff has received a request for a summary of travel by the Mayor and members of Council. The attached document summarizes travel for the Mayor and each Councillor for the period January 1, 2007 to June 30, 2007. On a go forward basis this summary will be prepared for Council on a quarterly basis unless directed otherwise by Common Council. Respectfully sp6giiitted, V. Yeomans, CGA, MBA ioner of Finance Attachment TRAVEL EXPENSES MAYOR'S OFFICE JAN 1- JUN 30, 2007 NAME ILOQATION DATE EVENT TOTAL COSTS Ma or McFarlane Ottawa Feb 07 Atlantic Mayors Congress Meeting 746.52 Mayor McFarlane Toronto - She raton - Airport Hotel Dec 06 China 566.06 Mayor McFarlane Mayor McFarlane Dallas Texas -Air Canada Toronto Aril 07 Jan 07 Meeting attract American carrier Counsel Corporation, IBM, Sunwing Meetings 11597.22 1,601.25 Mayor McFarlane Mayor McFarlane Toronto & Montreal Toronto April 07 April 07 Retail Marketing Trip West'et Inaugural Flight and Meeting 2,832.52 11350.66 TOTAL AS OF JUNE 30, 2007 8,694.23 BUDGET FOR 2007 15,500.00 BALANCE 89805.77 Travel expenses for Councillors NAME LOCATION DATE EVENT COSTS Chang Halifax Jan 07 Interview in Nova Scotia 306.78 Chang Calgary June 07 FCM Conference 2,332.71 Chang Bathurst May 07 Cities of N.B Meeting 548.21 SUB TOTAL Councillor Jay Young Chang) 3,187.70 Chase Moncton Jan 07 Integrated Pesticide management conference 117.47 Chase Calgary June 07 FCM Conference 1,485.12 SUB TOTAL (Councillor Stephen Chase) 1,602.59 Court Moncton Jan 07 Landscape and Lawn care information seminar 145.13 Court N.B Feb 07 Cities of N.B Meeting 104.79 Court Bathurst Mar 07 Cities of N.B Meeting 88.75 Court Fredericton April 07 Cities of N.B Meeting 275.57 Court Bathurst May 07 Cities of N.B Meeting 677.01 Court Moncton Feb 07 Site visit to Portage and Cassidy lake, then EMO Session 171.55 Court April 07 Meeting with ministers of Health 77.57 Court Moncton Feb 07 FCM capacity building consultation workshop 128.48 Court Calgary June 07 FCM Conference 1,322.24 Court Halifax May 07 Sewer use By-Law Meeting 520.83 SUB TOTAL (Councillor Ivan Court) 3,511.91 Farren Bangor Jan 07 Bangor Chamber of Commerce & Eastern Maine Dev. Meetings 306.45 Farren Bathurst May 07 Cities of N.B Meeting 420.28 Farren Halifax June 07 Atlantica Conference 1,346.96 SUB TOTAL Councillor Bill Farren) 29073.69 Ferguson Ottawa Feb 07 National Meeting- Canadian Nuclear Association 1,121.85 SUB TOTAL (Councillor John Ferguson) 11121.85 Hooton Montreal Jan 07 Air Canada meeting 505.41 Hooton Fredericton Aril 07 Beaverbrook Art Gallery 77.57 SUB TOTAL (Dep. Mayor Michelle Hooton) 582.98 McGuire Calgary June 07 FCM Conference 1,902.94 McGuire Calgary May 07 Affordable housin conference 1,084.72 SUB TOTAL Councillor Peter McGuire) 21987.66 Tait Toronto Jan 2007 Business meetings in Toronto 745.67 Tait London Feb 07 FCM Board Meetin 1,571.69 Page 1 of 2 Travel expenses for Councillors Tait Calgary June 07 FCM Conference 2,404.73 Tait April 07 Meeting with ministers of Health 77.23 Tait N.S May 07 Atlantic sustainability initiative 529.94 SUB TOTAL (Councillor Glen Tall) 57329.26 Titus Calgary June 07 FCM Conference 2,289.78 SUB TOTAL (Councillor Christopher Titus) 2,289.78 White London Mar 07 FCM Board Meeting 1,552.00 White Ottawa Nov 06 FCM Board Meeting 772.96 White Calgary June 07 FCM Conference 1,718.33 White Ottawa Feb 07 WinterLi hts conference 11394.63 White N.B Feb 07 Cities of N.B Meeting 77.57 White Bathurst Mar 07 Cities of N.B meetings 696.21 White Fredericton Aril 07 Cities of N.B meetings 87.77 White Bathurst May 07 Cities of N.B Meeting 250.23 SUB TOTAL Councillor Carl White) 6,549.70 GRAND TOTAL AS OF JUNE 30, 2007 29,237.12 BUDGET FOR 2007 353000.00 BALANCE 57762.88 Page 2 of 2 CHIPMAN HILL SUITES LIMITED 9 CHIPMAN HILL SAINT JOHN, N.B. E2L 2A7 Mayor and Common Council City of Saint John P.O. Box 1971 Saint John, N.B. E2L 4L1 Re: 1 Chipman Hill Your Worship and Councillors; I understand that an amendment to the Heritage Development By -law is currently in the process of being considered. I would like to request the designation of the Chipman Hill Suites' property at 1 Chipman Hill as part of this current process. An evaluation of the heritage merits of the building has already been done in the form of a draft statement of significance prepared for purposes of the Registry of Historic Places. Also, the building is designated both provincially and federally. consideration of IN" request would be appreciated. Chipman Hill Suites Limited CC: Heritage Development Board :.. � '.: a: _ .. . � a Provincial and Federal levels of government for its interior wall paintings that date back to the 1870's. The wall paintings in the vestibule display Cupid on one side and his partner Psyche on the other. These figures appear to be in niches, providing a 3 dimensional (trompe l'oeil) effect. At each corner in the parlor ceiling is a painted, gilt -edged roundel with a gamboling Cupid executed in polychrome on a blue -grey background of clouds. Each Cupid holds a symbol of the seasons: a garland of fruit, flowers sprigs, a sickle and an armful of wheat, a head scarf and torch. The Heritage Value of the Pratt House is also recognized through its strong associative values with the earliest prominent occupants that resided here, as well as its landmark position upon the intersection of Union Street and Chipman Hill for nearly 150 years. Built about 1860, this home was obtained and occupied by James Dewolfe Spurr, native of Round Hill, Nova Scotia, in 1862. Mr. Spurr came to Saint John at a young age and became a prominent commission merchant. In 1855 he acquired extensive rights in the Albert County Coal Mines. In connection with this enterprise he erected a large plant for the manufacture of oil from the shale at Spurr's Cove. The shale proved of such high value as an oil producer that it allowed him to compete with the oil wells. Mr. Spurr sold this home to ship -owner James Moran about 1873. This home was occupied by Charles W. Weldon from 1891 until his death in 1896. Charles Weldon was known for many years to be the top man in the legal profession of New Brunswick, and his firm of Weldon and McLean was as well known as any legal firm in Canada in the latter part of the 1800's. He was the solicitor for many important companies, such as the Bank of Montreal and the Canadian Pacific Railway. After Weldon's premature death in 1896, his widow shared this home with her brother, Col. Joseph J. Tucker. Born in England in 1832, Col. Tucker had an interesting and successful Military career. During the Crimean War he commanded a transport which ran to the Black Sea and remained there until the evacuation of Sebastopol. Following the war he came to Saint John to join his father as Maritime Agent for the English Lloyd's ship registry. At the time of the Trent Affair, in 1862, he raised a company of 76 men in Saint John. About 1868 Col. Tucker left for Shanghai, China, where he supervised ship building, and amassed quite a fortune in business ventures. Even in China he moved up the ranks of the Military. He joined, as a private, the local militia force in Shanghai. He was on duty during the trouble caused by the Tientsin Massacre. He was elected Lieutenant of No. 3 Company, of the Shanghai Volunteer Corps in 1872, and captain in 1873. About 1880 he returned to Saint John and was Junior Major of the Saint John Fusiliers. In 1893 he became Colonel of this popular regiment, and in 1897 was named Honorary Lieutenant Colonel of the regiment. He held the Canadian Long Service Decoration. He never married. His sister, Mrs. Weldon, passed away here in 1912, and he passed away here in 1914. Heritage Value is also recognized through its long association with the Pratt family, and its long time use as Dr. Charles Pratt's residence and doctor's office. Dr. Pratt was a prominent Saint John doctor for 64 years. During WWI Dr. Pratt went overseas with re- enforcements of the Canadian Army Medical Corps., and was appointed a member of the staff of No. I Canadian General Hospital. After the war Dr. Pratt returned to Saint John and was appointed pension and medical examiner for New Brunswick. He retained that position for 29 years. He obtained this home in 1923 and conducted a private practise here for over 40 years. The home was until recently owned by his grand- daughter establishing over 80 years of Pratt family ownership. The Character Defining Elements of this Neo- Classical residence include: - building's height and width proportions; - window placement and proportions; - shares similar set -back and architectural style with the 2 buildings south of this home; - vertical sliding wood windows; - slightly off - centred dormer with double -set windows; -two end chimneys, one slope, one ridge; - dentils at the roof -line cornice; - sandstone quoins along the corners of the front facade; - sandstone sills, lintels, and surrounds in all windows; - sandstone plinth course; - sandstone block foundation; The character defining elements of the entrance include: - pedimented entablature lined with dentils; - columns with ionic capitals; - transom window and sidelights; -false scroll brackets with hanging vine of tulips in the door surround; - carved oak door displays carved leaves that surround a violin - shaped panel (The violin symbolizes harmony and stability in life, music, contentment and joy. Believed by some to be one of the most perfect instruments ever invented and hence a symbol of perfection. The interior elements of the home include: -wall paintings in the vestibule display cupid on one side and his partner psyche on the other. These figures appear to be in niches and give a 3 dimensional (trompe Poeil) effect; - parlor ceiling has a painted, gilt -edged roundel with a gamboling cupid executed in polychrome on a blue -grey background of clouds. Each cupid holds a symbol of the seasons: a garland of fruit, flowers sprigs, a sickle and an armful of wheat, a head scarf and torch. REPORT TO COMMON COUNCIL M & C 2007- 281 August 21, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: M. The City of Saint John SUBJECT: CONTRACT 2007- 3: STATION STREET — WATERMAIN STRUCTURAL LINING BACKGROUND This Contract consists of a project that is approved in the 2007 Water and Sewerage Utility Fund Capital Program as follows: 1. Structural lining of existing 250mm watermain under the Saint John Throughway between Station Street and Hilyard Street. TENDER RESULTS Tenders closed on June 27, 2007 with the following result: 1) Alltech Solutions Inc., Moncton, NB $57,420.00 The Engineer's estimate for the work was $48,594.44 ANALYSIS The tender was reviewed by staff and was found to be formal in all respects. Staff is of the opinion that the tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. M & C 2007- 281 August 21, 2007 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against one capital work project. Assuming award of the Contract to the tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces and others. The analysis concludes that a total amount of $310,000.00 was provided in the budget and that the projected completion cost of the project included in the Contract is estimated to be $55,724.53 including the City's eligible HST rebate - a $254,275.47 positive difference in the Water and Sewerage Utility Fund Capital Program. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2007 -3: Station Street — Watermain Structural Lining be awarded to Alltech Solutions Inc., at the tendered price of $57,420.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J. M. Paul Groody, P. Eng. Terrence L. Totten, F.C.A. Commissioner City Manager Municipal Operations & Engineering M & C — 2007 -277 August 24, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: STOP -UP AND CLOSURE OF PORTION OF RETAIL DRIVE (formerly MARLBOROUGH AVENUE) The City Solicitor has previously advised staff that under Section 187(6) of the Municipalities Act with respect to the consideration of the stopping up and closure of public streets, Council must set a time, date and place for the consideration of adopting such a By -law. The resolution adopted by Common Council on May 7, 2007 did not specify the time and date for the Public Hearing. The following recommendation will address the need to set a specific date and time for the public hearing to consider the closure of a portion of Retail Drive (formerly Marlborough Avenue), as illustrated on an attached map. RECOMMENDATION: That Common Council rescind it resolution on Monday, May 7, 2007 contained in M & C 2007 -145, and replace it with; "That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close a 1,574 square metre ± public street, known as Retail Drive (formerly Marlborough Avenue) be set for Monday, September 24, 2007 at 7:00 p.m. in the Council Chamber." Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager CL /c M & C 2007 -285 August 24, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Rezoning (Fundy View Gardens Subdivision) 1967 Manawagonish Road On April 23, 2007 Common Council held a Public Hearing for the above matter. Concerns were raised by area residents regarding the proposed development, especially with regards to a proposed street connection from the new townhouse development to the existing Fundy View Estates Subdivision. While Council was generally supportive of the application and gave first and second reading to the rezoning, City staff was requested to meet with the Developer and concerned residents to hopefully resolve the concerns. After further discussion with staff and the residents after the hearing, the Developer has decided to amend the plan in a manner that reduces the number of townhouse units and eliminates the proposed street connection to the adjoining subdivision. The revised proposal also no longer requires rezoning. Therefore, the developer wishes to withdraw the application. RECOMMENDATION: That Council remove the rezoning application at 1967 Manawagonish Road from the table and the application be withdrawn as per the applicant's wishes. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development MRO /m Project No. 07 -099 Terrence Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL M & C 2007 -284 August 23, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract No. 2007 —10 Lancaster Lagoon Cell # 1 Biosolids Removal and Dewatering BACKGROUND This Contract consists of a project that was approved in the Municipal Operations and Engineering 2007 Utility Fund Operating Budget. M. The City of Saint John 1. Removal of accumulated biosolids from the Lancaster Lagoon Cell #1 to improve efficiency of the air diffuser system. TENDER RESULTS Tenders closed on August 22, 2007 with the following results: 1. Consolidated Giroux Environment Inc. $126,000.00 Charlo, NB The Engineer's estimate for the work was $127,000.00 ANALYSIS The tender was reviewed by Staff and the tender was found to be formal in all respects. Staff is of the opinion that the tenderer has the necessary resources and expertise to perform the work, and recommend acceptance of their tender. M & C 2007 -284 August 23, 2007 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against one Operating Budget project. Assuming award of the Contract to the tenderer, an analysis has been completed which includes the estimated amount of work on this project that will be performed by City forces and others. The analysis concludes that a total amount of $135,000 was provided in the budget and that the projected completion cost of the project included in the Contract is estimated to be $128,424.09 including the City's eligible HST rebate — a positive difference of $6,575.91 in the Municipal Operations and Engineering 2007 Utility Fund Operating Budget. POLICY — TENDERING OF CONSTRUCTION CONTRACTS The recommendation in this report is made in accordance with the provisions of Council's policy for the tendering of construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2007 — 10: Lancaster Lagoon Cell #1 Biosolids Removal and Dewatering, be awarded to the tenderer, Consolidated Giroux Environment Inc. at the tendered price of $126,000.00 as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, J.M. Paul Groody, P.Eng. Commissioner Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager REPORT TO COMMON COUNCIL f M & C — 2007 -286 City of saint ]cohn 24 August 2007 His Worship Norman McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Fire Station #7 (Manchester Avenue) — Parking Lot Upgrade BACKGROUND: Fire Station 7 was constructed with a single driveway leading to a parking lot situated to the rear of the station. The parking lot itself was designed to accommodate 14 parking spaces. With both Fire and Police personnel working out of Fire Station 7, the parking lot surpassed its capacity and cannot readily accommodate shift changes, more so in the winter when two to four spaces are lost to accommodate snow removal. Coupled with the shortage of parking spaces is the blind corner leading to the parking lot. Over the years there have been several minor fender benders and numerous near misses (as vehicles attempt to enter and leave the parking lot at the same time). The installation of a mirror at the corner of the building has reduced the number of incidents but has not illuminated the issue. It is proposed that the parking lot be expanded and reconfigured to accommodate over 20 spaces and a second access (or in this case an egress) be constructed. The construction budget estimate prepared for this project was $59,800. ANALYSIS: Tenders closed on August 15, 2007 with three companies responding by submitting bids. Staff of Materials & Fleet Management and Saint John Fire have reviewed the tenders, and have found two to be complete in every regard with one being rejected at the opening, as incomplete. A copy of the bid summary is enclosed for Council's consideration. Page 2 FINANCIAL IMPLICATIONS: The total cost to upgrade the parking lot at Fire Station #7, if awarded as recommended to the low bidder, will be $52,839.50 plus tax. This is a planned expenditure and as such funds are available in the Capital Budget. RECOMMENDATION: It is recommended that the tender, in the amount of $52,839.50, plus tax, for the upgrade to Fire Station #7 parking lot be awarded to the low bidder, Fairville Construction, as indicated on the enclosed summary of bids. Respectfully submitted, David Logan, CPPB Purchasing Agent T.L. Totten, FCA City Manager fir 611- tali SAiii L' JOWL City of Saint John Tender Results Contract No. 2007- 085102T Fire Station #7 — Parking Lot Upgrade TENDERER L. Halpin Excavating Fairville Construction Ltd. AMOUNT OF TENDER $59,249.70 $52,839.50 * * Indicates Recommendation 6 V\ Mayor & Council, The University Of New Brunswick Saint John has begun its Shinerama fundraising campaign for 2007. The campaign will take place over the next few months as over 35,000 students from over 55 post- secondary institutions will attempt to raise a record 1 million dollars. This year the students of UNB Saint John have pledged to raise $17,000 for Cystic Fibrosis research, making this year's goal the most ambitious in our universities history. Shinerama is a fundraising campaign that brings the students and our community together as we raise funds for a great organization. This year the students of UNBSJ will be shining shoes and collecting donations in the greater Saint John Area on September 5th as part of UNB Saint John's Orientation Week. We encourage the community to come out and donate to our new students and receive a complimentary shoe shining. Those who would like to make a donation outside of September 5`h can do so online at www.shinerama.ca and selecting UNBSJ as their campaign to donate to. Any questions can be directed to the Student's Representative Council at UNB Saint John by calling Patrick at 648 5686, Sincerely Yours, Patrick Beamish President UNB Saint John Student's Representative Council M & C — 2007 -279 August 24, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: PROPOSAL CALL FOR CIVIC #1371 AND #1375 SANDY POINT ROAD BACKGROUND: In 2004, the City undertook a significant water and sewer expansion project that extended the municipal services from the eastern end of Kennebecasis Drive onto Sandy Point Road extending westward to the intersection with University Avenue. This project also included the reconstruction and realignment of a significant portion of Sandy Point Road. In order to rationalize the capital expenditures required to service this area, the City instituted a "Lot Levy ". The "Lot Levy" will require the developer /property owner to pay to the City, $4,428.00 plus H.S.T. per lot along this stretch of Sandy Point Road. In addition to the above mentioned "lot levy ", the City owns a number of parcels of land having road frontage along this stretch of Sandy Point Road that are not required for City purposes. In July 2005 and again in June 2007, Real Estate Services initiated a Proposal Call for a 10 acre ± property off Sandy Point Road, commonly known as the "Harrigan Lake" property. Staff envisioned the development of this property for approximately 15 residential lots. However, in both instances, no submissions were received. In addition, Real Estate Services identified another City owned property where two lots could be created from the larger, parent parcel which is not required for City use. These two (yet to be subdivided) residential lots were recently advertised in the form of a Proposal Call, which closed July 20, 2007. ANALYSIS: The two lots in question back onto the Rockwood Park Golf Course. The subject parcels are situated in the vicinity of Cranberry Hill, off Sandy Point Road. The size of these lots significantly exceeds the minimum standards of the City's Zoning By -law for this area. These lots have been partially filled with "clean" fill. In order to make either of these lots ready for development, additional fill will be necessary. Submitted Offers The City has received two proposal offers; one from North Star Holdings Ltd. and the other from Mark and Susan Court. North Star Holdings Ltd. has offered a purchase price of $21,000.00 (for both lots combined). They have indicated their desire would be to subdivide the two properties into a total of three lots (if possible) to maximize their return. Staff has reviewed this option and although on paper a third lot is possible, the amount of fill needed, along with proper sloping so as not to impact the adjoining land make this option improbable. It would be their intent to market the two lots over the winter and construct dwellings on them in the spring /summer of 2008. Mark and Susan Court have offered a purchase price of $35,000.00 (for both lots combined). It is their intent to construct one dwelling within one year and over a period of a few years, bring in additional fill to allow a second dwelling to be developed. The Court's have offer $14,000.00 more than North Star but it is likely the City would not see property tax benefits for the second dwelling for a few years. Based on the City's current residential tax rate, it would take approximately 4.5 years of the second lot remaining undeveloped before the financial benefits of North Star's proposal would equal that of the Court's. Staff believes that the required lot levy of $4,428.00 per lot and the annual tax assessment will be an incentive to see the second lot developed sooner rather than later. In light of the above, staff consider the Court's offer to be in the best interest of the City. RECOMMENDATION: 1. That The City of Saint John sell the fee simple interest in a portion of PID Number 55059125, two lots identified on the attached Tentative Subdivision Plan as Lots #07 -01 and #07 -02 to Mark and Susan Court for $35,000.00 (plus HST, if applicable). 2. That the above noted transaction be subject to the following terms and conditions: a. full payment is due upon transfer of title, which will be within 60 days of the public Common Council meeting, at which the proposal was accepted. Failure on the part of the successful bidder to complete the transaction will result in a forfeiture of the deposit; b. within 30 days of the acceptance of the proposal by Common Council, the successful bidder (hereinafter referred to as the "purchaser ") may examine the title at his own expense. If within that time any valid objection is made in writing by the purchaser, which the City is unable or unwilling to remove and the purchaser is unwilling to waive, the deposit will be returned; C. it is the purchaser's responsibility to check the location of all municipal and public utility services. The installation of water and sewerage laterals or driveway culverts shall be responsibility of the purchaser; d. the City reserves the right to reacquire the property (ies) for the sale price (and no additional amount) if development of one of the two lots has not commenced within 12 months of title transfer. (Commencement of development meaning: the excavation of a foundation, setting and pouring of footings and foundation walls and the issuance of a building permit for a dwelling unit); e. that a notation be placed on the plan of subdivision for the creation of the two above noted lots, stating they shall not be permitted to be consolidated to form one lot; and f that the purchaser of the two above specified lots pay the required "Lot Levy" of $8,856.00 plus H.S.T. (if applicable), which is in addition to the stated purchase price, at the time of property transfer. 3. That the Mayor and Common Clerk be authorized to sign any necessary documents required to finalize this transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager *Ffb : : : ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . rg 40 ICL �_ fro ?- it w1 1 0 M4 o� 0 alt 0s F V O If ? 1 Q * *4V99911 fig; Q Q NNggNNNNl�1Nq OO row �* V +' 3 o Q p � 1 v•rvvvvvvvvv y , b- off 9 19 i I ov 1 1 � 4 4 v� V P IS v L ri s mot' j Of a . -: 'O a aq • 0 �l� \%46� 4 REPORT TO COMMON COUNCIL M & C 2007 -290 August 23, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Members of Council: SUBJECT: Howes Lake Landfill Closure, Phase IV — Additional Work PURPOSE M. The City of Saint John The purpose of this report is to seek Common Council approval to increase the value of Contract 2007 -37: Howes Lake Landfill Closure — Phase IV. This increase is to be funded jointly by the City and the Provincial Department of the Environment. BACKGROUND Included in the 2007 General Fund Environment Capital Budget is a project for the fourth phase of the closure of former landfill at Howes Lake. As part of the 2002 Howes Lake Landfill Assessment and Classification Study, several recommendations were made regarding what steps should be taken to properly close the former landfill. Contract 2007 -37 represents the fourth phase of the closure process and involves continuing with the installation of the low permeability cover. At its July 3, 2007 meeting, Common Council awarded Contract 2007 -37: Howes Lake Landfill Closure — Phase IV to Galbraith Construction Ltd. at the tendered price of $425,150.00 (M &C 2007 -202). ANALYSIS Approved within the 2007 General Fund Capital Environment Budget was $300,000 to continue with the closure of the former landfill at Howes Lake. In addition, the Provincial Department of the Environment has agreed to fund 50% of the costs (engineering services and contract work) up to $300,000 for a potential grand total expenditure of $600,000 in 2007. M & C 2007 -290 August 23, 2007 Page 2 As a result of lower than anticipated prices for the work, staff conducted a financial analysis to determine how much of the project funding was unallocated and still available for use. Taking into account the original contract value of the work, engineering fees (design and project management) and the City's eligible H.S.T rebate, approximately $110,000 remains eligible to be expended on the contract portion of the project. To make use of this remaining funding, staff recommends that additional work be undertaken. This work would involve expanding the area to receive the low permeability cover by approximately 6,200 m2 (a 25% increase in cover area). The additional work has been discussed with staff from the Province and, as it will help advance the overall closure of the former landfill, has received their support. FINANCIAL IMPLICATIONS A total of $600,000 has been provided in the budgets, $300,000 City contribution and $300,000 Provincial contribution. Given that this additional work makes use of the existing funding, there is no need to increase the City's or Province's contribution beyond the original approved budget. The Contractor has agreed to undertake the additional work as part of Contract 2007 -37. RECOMMENDATION It is recommended that the additional work be included within Contract 2007 -37: Howes Lake Landfill Closure — Phase IV at the estimated cost of $110,000. Respectfully submitted, J. M. Paul Groody, P. Eng. Commissioner, Municipal Operations & Engineering Terrence L. Totten, F.C.A. City Manager M & C — 2007 -283 August 24, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: DOT Highway Usage Permit (HUP) for Harbour Passage Reversing Falls Lookout BACKGROUND: The City/Harbour Passage Working Group has been in discussions with the Province for a number of months regarding the opportunity to construct and maintain a Harbour Passage Lookout adjoining the south -east side of the Reversing Falls Bridge. This lookout will be constructed to incorporate the existing former Bridge piers (see plans attached with HUP). The New Brunswick Department of Transportation has reviewed the design drawings and has no objections to the project. A Highway Usage Permit is required before tendering the project to construct the Reversing Falls Harbour Passage Lookout. The Department of Transportation has presented staff with the required permit (see attached). The purpose of this report is to present the agreement to Council for its consideration. The agreement is not unlike a railway crossing license in that the permit holder is required to commit to a standard set of terms and conditions in return for the right to construct and maintain infrastructure on a Provincial right -of -way. The document is standard for the most part although one clause of interest is 5.04 in which the City must provide DOT with a $10,000 security deposit. This is unique when compared to similar licenses granted by others. A small right -of -way will also be required from an adjoining property owned by Ocean Steel to allow better access to the site from Chesley Drive. Staff has had discussions with the owner and they are in agreement with providing the necessary access. Documentation is being prepared that will facilitate this right of access. A further report will be prepared for Council's consideration in this matter. RECOMMENDATION: That The City of Saint John enter into a Highway Usage Permit (HUP) with the Province of New Brunswick, subject to the terms and conditions contained in the attached agreement; for the purposes of constructing, maintaining and operation of the Harbour Passage Trail/Lookout within the limits of Route 100, adjacent to the Reversing Falls Bridge; and that the Mayor and Common Clerk be authorized to sign the agreement. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager CL /c y • of Transportati'*ol Permit No. 20071 1RO 10000201 • HIGHWAY USAGE PERMIT PERMIT NO* 200711 R010000201 THIS PERMIT issued in duplicate copies this of , 20070 FROM: HER MAJESTY THE QUEEN in right of the Province of New Brunswick, as represented by the Minister of Transportation (hereinafter called the "Minister" ); TO: CITY OF SAINT JOHN a municipal corporation duly incorporated, under and by virtue of the laws of the Province of New Brunswick (hereinafter called the "Applicant ") WHEREAS the Minister, under and by virtue of the Highway Act, Chapter H -5 R.S.N.B. ( "Highway Act "), has the administration and control of highways, as defined therein, in the Province of New Brunswick ( "Highways "); AND WHEREAS the Applicant submitted an application on or about the 9th day of September 2005 to the MINISTER to construct a portion of the Harbour Passage Trail within the limits of Route 100, adjacent to the Reversing Falls Bridge ( "Trail "); AND WHEREAS the Applicant has requested that the Minister consent to the Trail being constructed within the Highways pursuant to an application and plan submitted, and the Minister has agreed to review this application and plan pursuant to section 44.1 of the Highway Act for permission to enter upon, use and cross and construct a portion of the Trail in, under and over those portions of the Highways more p articularly described in Schedule "A" hereto attached and forming a part hereof "Approved Highways ") for the purpose of constructing, maintaining and operating the ( pp ini Trail; -. e a high AND WHEREAS the Minister has, in his discretion, agreed to issu usage permit pursuant to section 44.1 of the Highway Act containing 0�4 conditions as more particularly described herein ("HLTP")@ terms THEREFORE the Minister issues this HUP permitting the Applicant and f h A t ct maintain and o Prate the persons acting under the authority o t e pp scan o cons ru , p Trail upon the following conditions: a 2 1. GENERAL 1.01 The Minister, pursuant to section 44.1 of the Highway Act, hereby authorizes the Applicant subject to the terms and conditions herein contained, to enter upon, use and cross the Approved Highways f and maintaining the Trail ( "Construction ") for particularly hereinafter described. 2. CONSTRUCTION or the purpose of constructing the periods of time more 2.01 The Applicant shall carry out the Construction in accordance with and meeting the prescribed standards by all applicable federal and provincial statutes, as amended from time to time, and municipal by -laws and all regulations, orders, directives, permits and licences in respect thereof which apply to or otherwise affect the Construction or which apply to or otherwise affect the Applicant and its business assets insofar as same relates to the Construction, including, but not limited to, this HUP, the Highway Act and all environmental and occupational health and safety laws. 2.02 The Applicant shall submit all plans and specifications detailing location, timing and duration of Construction to the Minister for his approval prior to the commencement of any Construction on the Approved Highways. The Applicant shall not undertake or commence any Construction prior to receiving written approval from the Minister of the plans and specifications. The approval of the plans and specifications for any Construction to be carried out on the Approved Highways does not in any way affect or alter the Applicant's responsibility for the design and construction of the Trail and the Minister hereby specifically denies any such responsibility. 2.03 The Applicant shall complete and deliver to the Minister for approval a final "as built" plan of the Trail at locations where it is on the Approved Highways, within one month of the completion of the construction of the Trail. 2.04 The Applicant shall carry out the Construction in such a manner as to comply with the Occupational Health and Safety Act, Chapter 042, R.S.N.B. 1973, including any regulations or orders made thereunder. 2.05 The Applicant shall during the period of Construction. (i) take every reasonable precaution to ensure the health and safety of its employees and the health and safety of any other person having access to the place of employment where any of the Construction is taking place; and ,. 3 ensure that its employees comply with the Occu tional Health and Safety Act, the regulations and any order made in accordance with the Act or the regulations. 2.06 The Applicant shall, upon the request of the Minister, provide to the Minister, within 7 days of such request, a letter outlining the steps taken by the Applicant to comply with the provisions of paragraph 2.04 and 2.05 hereof. 2.07 No material or equipment shall be deposited or stored on the Approved Highways without the prior written approval of the District Transportation Engineer of the Minister ( "the District Transportation Engineer" ). 2.08 All brush and debris is to be disposed off the Approved Highways. 2.09 The method of installation and construction of the Trail shall be as per Schedule "A ", Schedule "B" and Schedule "C ". 2.10 No Construction is to take place during darkness or reduced visibility, except with the prior approval of the District Transportation Engineer. 2.11 The Applicant shall give the District Transportation Engineer not less than two (2) weeks written notice before commencing the Construction, excluding normal maintenance activities. 2.12 The Applicant shall ensure that it, its contractor, workmen or agents abide by and will be bound by the terms and conditions of this HUP. I PUBLIC NOTICE 3.01 No Construction excluding normal inspection maintenance activities shall be commenced or carried out prior to the Applicant giving timely and sufficient notice to the travelling public using the Approved Highways, warning of the Construction and of the disruption to traffic that may result therefrom. 4. STANDARD OF CONSTRUCTION 4.01 All construction shall be performed by the Applicant in a good and . . • workmanlike manner at its own expense. The Minister may order the Applicant to stop Construction if, in the Minister's opinion, it is not being carried out in a good and workmanlike manner according to the plans and specifications submitted and approved by the Minister for such Construction. The Applicant shall immediately stop Construction after being ordered to stop by the Minister. The ordering of the stopping of Construction by the Minister, regardless of the reason, shall not give rise to any claim by the Applicant against the Minister and id any such claim is hereby specifically barred. Failure of the Minister to give instructions in regards to the Construction does not relieve the Applicant of any responsibilities and liabilities under the HUP or otherwise. 4.02 The Applicant shall use every reasonable effort to ensure, where practical, that: (a) all Construction is performed in a manner that causes as little damage as possible to the Approved Highways; (b) through traffic flow is maintained on the Approved Highways during all Construction according to the Department of Transportation Work Area Traffic Control Manual, as amended from time to time, the receipt of which the Applicant acknowledges; (c) the Construction does not interfere with or obstruct the Approved Highways or traffic thereon except as may be reasonably necessary or required during actual periods of Construction; and (d) the Construction does not alter or interfere with the drainage pattern of the Approved Highways or any property that is adjacent to the Approved Highways. 5. REPAIRS TO THE APPROVED HIGHWAYS 5.01 Upon completion of any Construction, the Applicant shall, at its expense and so far as is practical, restore, repair and landscape the Approved Highways to the extent necessary to restore the Approved Highways to at least the condition existing prior to the commencement of such Construction in a manner satisfactory to the District Transportation Engineer. 5.02 All repairs to the Approved Highways, including repairs required to rectify any damage, alteration or environmental disruption to the area surrounding the Approved Highways where the Trail is located, occasioned by subsidence or caused by the Construction or existence of the Trail, at the request and to the reasonable satisfaction of the District Transportation Engineer, shall be the responsibility of the Applicant for the entire period that the Trail remains on the Approved Highways. 5.03 If the Minister is required to make any repairs to the Approved Highways as a result of the Construction by the Applicant, or as a result of the presence of the Trail on the Approved Highways, the Applicant shall, upon demand, reimburse the Minister for the cost of all expenses reasonably incurred in connection therewith, provided however, that, except in emergency situations, the Minister shall first give the Applicant written notice of any situation necessitating 5 the use of the power conferred under this section and allow the Applicant a reasonable opportunity to forthwith proceed to diligently repair the same. 5.04 The Applicant shall provide to the Minister, at the date of the start of construction, a cash security deposit in the amount of $10,000.00 for the purpose of this section to be held by the Minister, on a without interest basis. The Minister may use portions, or all of the security for the purposes of ensuring that the Applicant meets its obligations herein contained during the construction. On the final date of Construction and upon inspection and final approval of the Approved Highways by the District Transportation Engineer, subject to the provisions of paragraph 5.01, 5.02 and 5.03 hereof, the Minister shall return to the Applicant that portion of the security that remains unused, without interest thereon. Payment of the surety may be made by certified cheque made payable to the Minister of Finance or by Letter of Credit. 69 RELOCATION OF APPROVED HIGHWAYS 6.01 Notwithstanding any other provisions of this HUP, if the Minister relocates, either permanently or temporarily, repairs, or redesigns the Approved Highways, he may request the Applicant to alter, remove, relocate or close either permanently or temporarily, the Trail at the Applicant's expense, within a reasonable length of time after being requested in writing by the Minister. The Applicant shall alter, remove, relocate or close, either permanently or temporarily, the Trail within a reasonable length of time after being requested to do so by the Minister, provided, however that the Minister shall, if possible, grant to the Applicant a new HUP containing similar terms and conditions as herein set out allowing the Applicant to install the Trail on an alternate or replacement site, if any. Nothing herein contained obligates the Minister to pay any costs of the Applicant or to provide the Applicant with an alternate means or replacement Trail. 79 LIABILITY AND INDEMNITY 7.01 The Minister shall not be responsible for any damage to the Trail from any cause whatever. 7.02 The Applicant shall indemnify and save harmless the Minister from and against all liabilities, damages, claims, suits and actions whatsoever resulting in any way from the Construction or the operations of the Applicant or of its employees, agents, contractors or subcontractors of the Applicant. 7.03 The Applicant shall promptly pay c damages suffered by the Minister as a result of the Trail on the Approved Highways. ompensation to the Minister for all of the Construction or the operation ip UJ 7.04 The Applicant agrees that if any contamination should be encountered, on, in, under or around the property owned by the Minister that: (0 all work will cease immediately in that area; and (11) the Minister will be immediately advised of the said contamination in order for the Minister to assess the situation, 7905 If the Applicant fails to abide by section 7.04 and contamination is later determined to have been present, the Minister shall not be responsible for the resulting deterioration or damage. 8. INSURANCE 8.01 The Applicant, at its own expense, shall purchase and maintain in full force during the term of the HUP and any extensions or renewals thereof general liability and pollution insurance in form and content acceptable to the Minister, acting reasonably, to protect the Applicant, their contractors and subcontractors, as well as the Minister, his respective successors and assigns, and his respective directors, officers, legislators, employees, agents and servants. 8.02 Such insurance shall provide coverage for property damage to the Approved Highways, including loss of use thereof, and shall protect the Minister, his successors and assigns, and his respective directors, officers, legislators, employees, agents and servants from all claims arising out of liability for property damage, bodily injury (including death and personal injury) arising out of the existence, construction, use, operation, maintenance and rehabilitation of the Trail and use and occupancy of the HUP. 8903 This liability insurance shall provide for, but shall not be limited to. 1� 11� 111 1V) V) a $5 million limit of liability per occurrence; Sudden & Accidental Pollution coverage for all insured perils, broad form occurrence property damage; cross liability and separation of interest with respect to each Insured; the Minister, his respective successors and assigns, and his respective directors, officers, legislators, employees, agents and servants included as Insureds with respect to liabilities arising out of the Trail; VI) breach of any of the terms or conditions of the policy, or any negligence or willful act or omission or false representation by any other Insured or any other person, shall not invalidate the insurance with respect to the Minister, his respective successors and assigns, or his respective directors, officers, legislators, employees, agents and servants included as Insureds. 8.04 All policies shall be insured by financially sound insurers licensed to carry on business in Canada. Insurers shall not cancel or materially change the policy without sixty (60) days prior written notice to the Minister, his respective successors and assigns, his respective directors, officers, legislators, employees, agents and servants included as Insureds. 8.05 If closely held insurance facilities (e.g. captive, reciprocal or any other form of alternate risk financing) are used instead of conventional insurance the Applicant shall provide ninety (90) days prior written notice to the Minister of the program structure and participants with sufficient information to determine what, if any, supplementary insurance requirements may be needed (e.g. "cut- through" endorsement the Minister. to captive reinsurers) to ensure continued, adequate protection for 8.06 Certified true copies of all insurance policies maintained in compliance with this provision, or other documentation in form and content acceptable to the Minister, shall be delivered to the Minister, prior to any construction work on the Trail that may affect the Approved Highways and prior to commencement of the operation of the Trail. Certificates of insurance, or other documentation in form and content acceptable to the Minister, evidencing any renewal of or replacement insurances, shall be delivered to the Minister, not later than fifteen (15) days prior to the expiration of existing policies. Certified true copies of all renewal or replacement policies shall be delivered not later than ten (10) business days after a written request from the Minister. 90 TERMINATION 9.01 This HUP shall terminate. (a) on the 31st day of December 2027 or (b) at the option of the Minister upon written notice to the Applicant: W if the land is used for any purpose other than a Trail; in the event the Applicant shall not have commenced operations on the Approved Highways for the Construction of the Trail within five (5) years from the date hereof, the permission hereby granted shall thereupon immediately terminate without further act or notice; if the Applicant defaults in observing or performing the obligations herein and it fails to remedy or to diligently take steps with a view of remedying such default after the same has been X61 brought to the attention of the Applicant by the Minister by way of written notice thereof_ the Minister may in his sole discretion and without recourse by the Applicant terminate the HUP; but the obligations of the Applicant under this HUP shall survive such cessation and determination of such permission. If this HUP is terminated pursuant to subparagraph 9.01(b), the rights hereby granted shall thereupon immediately terminate without further act or notice, and all rights of the Applicant shall thereupon cease and expire, and the Applicant shall execute and file such documents as may be necessary to confirm or to give public notice of such termination. 9.02 At the expiry of the twenty (20) year term under clause 9.01(a) this HUP may be renewed at the discretion of the Minister for successive periods often (10) years until the Trail is abandoned as set out in clause 9.04 or until it is terminated in accordance with clause 9.01(b). 9.03 The Minister shall not be liable to pay any amount for costs or damages incurred by the Applicant as a result of the termination of this HUP for any reason. 9.04 In the event the Applicant elects to abandon the operation of the Trail in whole or in part, the Applicant shall provide notice in writing to the Minister of its intention to abandon and the notice of such abandonment shall effectively terminate this HUP, provided that the Applicant shall thereafter have the obligation hereunder, to forthwith undertake and complete all those demolition, veal remed 'n and rehabilitation undertakings or conditions necessary to remo , yl g comply with the conditions of this HUP. 9.05 As a condition of abandonment, the surface and the right -of -way of the Approved Highways concerned shall be restored, so far as practicable, to the same condition as it was prior to the entry and use of the Applicant. Any such work done by the Applicant pursuant to or recognized by this provision is to be carried out completely at the expense of the Applicant. 9.06 Where the Minister has obligated the Applicant as a condition of abandonment, to maintain, remedy or take other measures with respect to the Trail, the Applicant shall have full right and permission at any time where necessary thereafter, notwithstanding the termination of this HUP, to enter upon the said Approved Highways with people, machinery and material, for the purpose of carrying out such obligations, but always restoring or repairing however, any damage to the Approved Highways thereby occasioned, and where required, paying compensation for damages to the Minister arising from such entry. Any such work done by the Applicant pursuant to or recognized by this provision is to be carried out completely at the expense of the Applicant. 9 9.07 Except for those matters contained in paragraph 9.01(b), if the Applicant clefaiilts in observing or nerformin2 anv of the terms and conditions herein set forth to be observed and performed by it and it fails to remedy or to diligently take steps with a view of remedying such default after the same has been brought to the attention of the Applicant by the Minister by way of written notice thereof the Applicant agrees to pay, as liquidated damages to the Minister for each such default or breach, the amount often thousand dollars ($10,000.00). 100 NATURE OF HUP 10.01 The Applicant's right to occupy the Approved Highways for the purpose of the Trail pursuant to this HUP is as a mere licence. This HUP does not grant or convey to the Applicant any title to the Approved Highways. 10.02 It is understood and agreed that any plans, including the plans specified in sections 2.02 and 2.03 are to be prepared by the Applicant for purposes of the Construction or for identifying property or the status of title of property, that the Minister does not, in any way, represent or warrant to the Applicant that its Approved Highways is located as shown on the said plans or that the Minister owns or controls all or any portion of the right -of =way shown. The location of the Approved Highways is determined by the Applicant at its sole risk and the Trail is placed thereon solely at the risk of the Applicant. If the Applicant wishes to confirm or determine the title or ownership of the Approved Highways, it shall examine such title and ownership at its own expense and the Minister shall not be required to produce any abstract of title, title deeds, or copies thereof or any Pv;dP„ce of title other than those in possession of the Minister. 10.03 This HUP is non - exclusive. The Minister hereby reserves the right to grant permission to other persons to use the Approved Highways for whatever purpose the Minister deems necessary provided, always, that the Minister shall not permit any other person to use the Approved Highways for any such purpose if such use or any construction of other work in connection therewith would in any way damage the Trail or interfere with the Applicant's use thereof. 10.04 This HUP, and any is subj ect to any other agr granted by the Minister to Highways. The Applicant person's or corporation's right conveyed herein by the Minister to the Applicant, ,eement, permission or right previously entered into or any other persons or corporations to use the Approved shall not damage or in any way interfere with any other use of the Approved Highways. The Applicant shall reimburse any person or corporation for the costs of any damages to their plant or eauinment located on the Approved Highways arising from or caused by the negligence of the Applicant in the carrying out of the Construction. 10 10.05 While the provisions of this HUP are intended to be fully binding and effective between the parties, in the event that any particular provision or provisions hereof or a portion of any said provision is found to be void, violable or unenforceable for any reason whatsoever, then the same shall be deemed to be severed from the remainder of this HUT, and all other provisions shall remain in full force and effect. 10.06 This HUP in no way affects or binds any other Minister, department, agency or crown corporation of the Province of New Brunswick. 11. NOTICE 11.01 Any notice, direction or other instrument required or permitted to be given to the Minister hereunder shall be in writing and may be given by registered post, postage prepaid, or by delivering the same addressed to the Minister as follows. Minister of Transportation PO Boy 6000 Fredericton, N. Be E3B SHl Facsimile (506) 453 4987 or to such other address as the Minister may from time to time designate in writing to the Applicant. Any notice, direction or other instrument required or permitted to be given to the Applicant hereunder shall be in writing and may be given by registered post, postage prepaid, or by delivering the same addressed to the Applicant as follows. City of Saint John Planning and Development P.O. Box 1971 Saint John, N.B. E2L 4L1 or to such other address as the Applicant may from time to time designate in writing to the Minister. 11.02 Any notice, direction or other instrument aforesaid, if delivered, shall be deemed to have been given or made on the date on which it was delivered or if mailed, shall be deemed to have been given or made on the second business day following on which it was mailed. 11 129 NEW BRUNSWICK LAWS OR REGULATIONS 12.01 This HUP will be interpreted according to the laws and regulations of the Province of New Brunswick. In the event this HUP or any portion of this HUP is or appears to be in conflict with any provision of the Laws or Regulations of the Province of New Brunswick, then the provisions of the Laws or Regulations of the Province of New Brunswick shall prevail and this HUP or the portion of the HUP in conflict shall be void and of no force or effect, but any portion of this HUP not in conflict shall continue in full force and effect. 12.02 The Highway Act and regulations made thereunder, as each may be amended from time to time, and any act or regulations made in substitution thereof apply to the HUP and the Applicant agrees to be bound thereby. 139 SINGULAR - PLURAL 13.01 Whenever herein the context permits, words denoting the singular shall include the plural, the masculine shall include the feminine, and a person shall include a corporation and vice versa. 14. BINDING EFFECT 14.01 This HUP, and everything herein contained, shall be binding upon the Applicant and its respective successors and assigns provided, however, that the inclusion herein of the word assigns shall not be construed as permitting any assignment by the Applicant not authorized by this HUP. 159 ASSIGNMENT 15.01 This HUP, and the permission granted hereby, shall not be assi Applicant without the prior written consent of the Minister. 16. NON - WAIVER gned by the 16.01 The failure by the Minister to exercise any right or to require or insist that action be taken according to the terms of this HUP in no way waives the right of the Minister to require or insist that an action be taken according to the terms of this HUP. 12 179 AMENDMENTS 17.01 If at any time during the continuance of this the Minister deems it necessary or expedient to make any alteration or additions to this HUP, he may do so by means of a written notice and form part of this HUP . 18. DISCONTINUANCE to the Applicant which shall be supplemental to 18.01 In the event that the Minister intends to discontinue any of the Approved Highways, the Minister shall provide reasonable notice to the Applicant of such intention (and the applicant shall be responsible as per Section 6). HER MAJESTY THE QUEEN in Right of the Province of New Brunswick as represented by the Minister of Transportation M G Trites, P. Eng. Assistant Deputy Minister /Chief Engineer On behalf of the Minister of Transportation DOT (07070636) APPLICANT'S ACCEPTANCE OF TERMS AND CONDITIONS The Applicant, by its duly authorized signing officers, accepts the terms and conditions of this HUT and agrees to be bound thereby. 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If NBDOT should require a portion of the property for any bridge maintenance purposes, the City of Saint John, at its own. expense, will be responsible for closing or removing any portion of the Trail to accommodate those maintenance activities for the duration necessary. 3. A surety, in the amount of $10,000 shall be held on a without interest basis until construction is complete. 40 The Applicant shall indemnify and save harmless the Minister from and against all liabilities, damages, claims, suits and actions whatsoever resulting in any way from the construction, maintenance or the operation of the Trail. M & C — 2007 -278 August 24, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: STOP -UP AND CLOSURE OF PORTIONS OF TUDOR LANE AND WOODHAVEN DRIVE BACKGROUND: On June 20, 2005, Common Council gave assent to a subdivision plan that would vest an undeveloped extension of Tudor Lane (formerly Woodhaven Drive) street right -of -way. Previously, the title of this parcel was unclear. The assent by Council resolved any question of ownership of this parcel. ANALYSIS: NJP Developments Inc. is now requesting that the City Stop -Up and Close a 1,151 square metre portion of Tudor Lane and an 849 square metre portion of Woodhaven Drive (see attached plan). These two sections of right -of -way remain undeveloped, except for an ad hoc pedestrian pathway and municipal services. City Engineering has no objection to the sale of this property, provided the necessary land interests are retained for its existing infrastructure. NJP is negotiating to acquire a significant portion of the above noted property to be consolidated with their adjoining lands. The increased size of the NJP property would allow them to construct additional dwelling units. In addition, a small sliver of the "to be" closed right -of -way would be consolidated with an adjoining property that has been developed for many years with townhouse units. Although there are a few details yet to be resolved, staff is close to reaching an agreement with both parties. Staff would provide a further report to Council for their consideration in this matter. The recommendation contained in this report will facilitate the process for street closures of the subject property. RECOMMENDATION: That the Public Hearing for the consideration of the passing of a By -law to Stop Up and Close an 1,151 square metre ± portion of a public street known as Tudor Lane and an 849 square metre ± portion of a public street known as Woodhaven Drive, be set for Monday, September 24, 2007 at 7:00 p.m. in the Council Chamber. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager "C 2 W4 m Op ve 42 j SIM e r E � ti t si..,ls,a...sit fo C n R 1i i U A 4w r• � �FfO s a rlr C Lm J 30 Lm cr it 0 A " to ..% • w s wo fit 11N rTTr • 3 4 l Willa ILI low i I I 9 i j" z r loo 0 to 4F • 2 Wl 700 it a • SIR �.� is ��. ........... .... . .:.... .:.. . ..... ::.. .. .:.. :.:. .. :. . . .... .:... .::...:. : . .. . • • • • • • • • • • • • • I REPORT TO COMMON COUNCIL M & C — 2007 August 24, 2007 His Worship Mayor Norm McFarlane And Members of Common Council: SUBJECT: The O.N.E. (Old North End) Change Presentation to Common Council and the North End Community Centre BACKGROUND: On July, 2007, representatives from the ONE Change made a presentation to council providing an update of activities, on going projects, and future plans which included a request to operate the North End Community Centre. The City of Saint John has operated the NECC since it was built in 1979. The building is a city owned facility connected to Lorne School and shares a common gymnasium. All programming and maintenance of the facility is provided by Leisure Services staff. The ONE Change was established through the initiative of the Saint John Police Force calling a community meeting (2004) to discuss the frequency of calls for assistance from the North End community. Attendees at the initial meeting included staffs of Lorne School, Leisure Services Department, local churches, parents, Housing Alternatives Inc. and Saint John Police. The North End Community Centre and its staff became important parts of the forming and development of this program. Thus, Leisure Services has been a major contributor and member of ONE Change since its inception. ANALYSIS: Recreation is very important in the North End of the City. This area is generally made up of families and individuals of lower socio- economic status that places them in need of many avenues of assistance. The NECC has provided much leadership and opportunity for the residents of the area since it opened almost 30 years ago. Through the presentation to Council by ONE Change there were some statements made that the staff of Leisure Services wishes to comment on and to clarify. First of all, programming at all of the City's community centres is similar and have basically the same amount of resources available. Since the NECC was compared to the Carleton Community Centre (CCC) sighting differences in programming and levels of support, it is only appropriate to outline the The City of Saint John various programs at each centre. The NECC operates a similar type program as the CCC. Both centres program seasonal activities with one Centre Director and several (approx 7) part-time staff. Activities include ball hockey, basketball, cheerleaders, after school programs and adult rentals, computer access, special holiday events (Christmas Break, March Break, and Summer Playgrounds) along with Senior Citizen clubs and CASP (adult education) programs. This equality is supported by similar operating budgets. The CCC has a yearly operating budget of $143,200 and the NECC has a yearly operating budget of $119,600 (CCC has a slightly larger budget to accommodate the higher building maintenance requirements). The greatest difference in the output of the two centres is that CCC has a strong volunteer advisory board that supports and supervises programs and successfully fundraises for various projects and events. This partnership is important for CCC and one of the main reasons for it being a successful operation on the Lower West Side. The birth and development of a partnership with ONE Change can and will provide the NECC with an opportunity to enhance and expand its community programs as well. The ONE Change was able to receive grants for programs and staff that led to increased recreational opportunities for the North End residents. As well, ONE Change provided a greater avenue for the North End residents to be heard. The staff of NECC provided a facility and programming expertise which assisted to successfully operate these programs. Unfortunately, ONE Change has lost a major grant that included funding for their coordinator. This coordinator was responsible for the majority of the planning and coordination for the ONE Change activities. Most of the planning at the centre was a collaboration between the ONE Change Coordinator and the Leisure Services Coordinator at the NECC. The loss of their year -round funding will have a great impact on their volunteer organization. Since ONE Change is primarily a volunteer organization, the lost funding will create a void in the partnership programs between the ONE Change and the NECC this coming fall/ winter season. However, the solution is not giving the management responsibilities of the NECC to ONE Change or any volunteer group. The North End community is a challenging environment. There is a great difference between a professional staff person (with support from the entire City organization for hiring, training, technical issues, maintenance and staffing) and a volunteer group who commit their `spare' time (after a full day of regular work) to supervising a successful program. Beyond the regular programming needs, staff at all community centres face physical and verbal abuse throughout the year which is not a good situation to encourage continued volunteerism. Leisure Services' staff has worked with many volunteers to deliver a positive recreational experience. They provide the support necessary to encourage and retain volunteers, ensure consistent programming, provide professional expertise through university educated staff and drawing from over 100 years of experience in the recreation business. There has been continual discussion between staff of Leisure Services and the ONE Change. It has been difficult to pinpoint what the real issues are other than loss of funding by the ONE Change. Staff is prepared to adjust programming to accommodate any needs of the community it serves. To address the immediate concern for the loss of a coordinator position for ONE Change, Leisure Services will hire a full time casual staff person for the remainder of the 2007 season and seek longer range funding through the 2008 budget process. There is a recognized need to have a person working more with the community at large. As it is, Leisure Services' staff is limited to working primarily within the community centre. This may also assist in filling the void left by the reduced funding for the ONE Change staff person. As well, the Leisure Services Coordinator responsible for NECC has been relocated from an Adelaide St. office to a permanent location at NECC. Attached is a listing of all the programming offered at NECC during the Fall and Winter (September to May) months. The summer playground program replaces summer programming at the centres. FINANCIAL: The necessary funds for an additional fulltime casual person are available within the 2007 Leisure Services budget. RECOMMENDATION: It is recommended that this report be received and filed. Respectfully submitted, Bernie Morrison Commissioner of Leisure Services Terrence L. Totten, C.A. City Manager Monday Program Ages 12:30 p.m. - 4:00 p.m. North End Silver Threads Seniors 6:00 p.m. - 11:00 p.m. Gym Rental Available Adult 7004w Program Ages 12:30 p.m. - 4:00 p.m. Happy Gang Seniors Seniors 3:00 p.m. - 4:30 p.m. Games Room Activities 6 - 12 yrs 6:00 p.m. - 7:00 p.m. Pounds Off Adult 6:00 p.m. - 7:30 p.m. Games Room Activities 6 - 12 yrs 6:00 p.m. - 7:30 p.m. NECC Youth Group (bingo, arts & crafts, cooking, contests!) 6 - 12 yrs 6:00 p.m. - 7:30 p.m. Mini Ball Hockey 6 - 12 yrs 7:30 p.m. - 9:00 p.m. Weight Room 15 - 17 yrs 7:30 p.m. - 9:00 p.m. Teen Co -ed Volleyball 13 - 17 yrs 7:00 p.m. - 9:00 p.m. Kung Fu Adult 7:30 p.m. - 9:00 p.m. Games Room Activities 13 - 17 yrs 7:30 p.m. - 9:00 p.m. Teen Room Pool League 13 - 17 yrs 9:15 p.m. - 11:00 p.m. Basketball Adult Wednesday Program Ages 3:00 p.m. - 4:30 p.m. Crafts & Games Corner 6 - 12 yrs 6:00 p.m. - 7:30 p.m. Cheerleading (Youth Program) 6 - 12 yrs 6:00 p.m. - 7:30 p.m. Games Room Activities 6 - 12 yrs 6:00 p.m. - 7:30 p.m. Mini Coed Gym Activities /Games 6 - 12 yrs 7:30 p.m. - 9:00 p.m. Cheerleading (Teen Program) 13 - 17 yrs 7:30 p.m. - 9:00 p.m. Teen Coed Lacrosse 13 - 17 yrs 7:30 p.m. - 9:00 p.m. Games Room/Teen Room Activities 13 - 17 yrs 7:30 p.m. - 9:00 p.m. Weight Room 15 - 17 yrs 9:00 P.M. - 11:00 P.M. Gym Rental Available Adult Thursday Program Ages 3:00 p.m. - 4:30 p.m. 6 - 12 yrs Crafts & Games Corner 6:00 p.m. - 7:30 p.m. 6 -12 yrs Games Room Activities 6:00 p.m. - 7:30 p.m. 6 - 12 yrs NECC Youth Group 6:00 p.m. - 7:30 p.m. 6 -12 yrs Mini Coed Soccer 15 -17 yrs 7: 30 p.m. - 9 :00 p.m. Weight Room 7:00 p.m. - 9:00 p.m. Adult Kung Fu 13 -17 yrs 7: 30 p.m. - 9: 00 p.m. Teen Basketball 7:30 p.m. - 9:00 p.m. 13 - 17 yrs Teen Room/Games Room Activities 9:15 p.m. - 11:00 p.m. Adult Basketball Friday Program Ages 10:30 a.m. — 12:30 p.m. Babies in Motion: Moms and babies information and play group 5 and Under (Every Second Friday Beginning Sept 17) 3:00 p.m. - 4:30 p.m. Games Room Activities 6 - 12 yrs 6:00 p.m. - 7:30 p.m. Youth Dance — cost $2.00 6 -12 yrs 7:30 p.m. - 9:00 p.m. Teen Dance— cost $2.00 13 - 17 yrs Satin±^ Program Ages Gym Activities 6 - 12 yrs 9 :00 a.m. -12: 00 Noon Teen Room 13 -17 yrs 10 :00 a.m. - 4:00 p.m. Games Room Activities 6 - 17 yrs 10 :00 a.m. -12: 00 Noon Centre Closed for Lunch 12:00 p.m. - 12:30 p.m. Cheerleading (Youth Program) 6 - 12 yrs 12: 30 p.m. - 2: 00 p.m. Open Games Room 13 - 17 yrs 1: 00 p.m. - 4 :00 p.m. Teen Basketball 13 - 17 yrs 1: 00 p.m. - 2: 00 p.m. 2:00 p.m. - 4:00 p.m. Teen Ball Hockey 13 - 17 yrs 2:00 p.m. - 3:30 p.m. Cheerleading (Teen Program) 13 - 17 yrs 4:00 p.m. - 9:00 p.m. Gym & Room Rental Available Adult Sunday Program Ages Main Street Baptist Sunday School Youth 9:00 a.m, -11:00 a.m. Room Rentals Available Adult 11:00 a.m. -11:00 p.m. 11:00 a.m. - 11:00 p.m. Gym Rentals Available Adult �orth End Community V.O.N. Foot Clinic — 2nd Tuesday of the Month Volunteers and Community Groups Welcome Program Walk & Talk A 12 week series for adults called "Step into Life ". Join us every Tuesday night at the North End Community Centre from 6:30 p.m. to 8:00 p.m. There will be a new topic every week as we walk throughout the North End. Topics may include nutrition, fitness, astronomy and even ghost stories. Refreshments will be available after the walk. In partnership with the Province of New Brunswick's Community Academic Services Program, NECC will host an adult (18 yrs + ) school upgrading program / Rentals: ,Amenities Rooms Available for showers, meeting, and birthday parties. Gym - $20.00/Hour Multipurpose Rooms - $15.00/Hour Contact: Greg Cutler, Leisure Services Coordinator, 658 -2980, Email: eree.cutlerasaintiohn.ca Please note all programs are subject to change. North End Community Centre 195 Victoria Street — Saint John, NB — E2K 1L7 — 658 -2980 Special Events Programs Program/ Event D= Direct Frequency P= Partnership F= Facilitated Christmas Break Programs(wrapping party, coed soccer tourney, girls ball hockey tourney, sports Annual skills competition, bingo night, boys ball hockey D tourney, cheerleading competition, bowling, swimming, movies, crafts, dances) Winter Carnival Programs (crowning of royalty, pancake breakfast, spaghetti eating contest, slave auction, pop slurping contest, egg toss contest, Annual karaoke contest, milkshake sucking contest, D pudding feeding contest, fluorescent badminton, arm wrestling, parent /child hockey games, cross country skiing) March Break Programs (mini volleyball tourneys, swimming, coed ringuette tourney, D Annual programs similar to Christmas and Winter Carnival Cheerleading Competitions D Recurring Swimming at Aquatic Centre D Recurring Awards Banquet D Annual Senior Citizens Clubs F Ongoing O.N.E. Change Youth Group P Ongoing Pounds Off F Weekly Weight Room D Ongoing Kung Fu F Weekly Lacrosse League F Ongoing Babies in Motion F Bi- weekly Main Street Baptist Sunday School F Bi -weekly Step into Life F 12 Weeks Foot Clinics F Bi- weekly CASP Program F Dail Cooking Class D Weekly Wake- a -thons D Recurring Bike Rodeo (Police Dept, State Farm P Annual Insurance, Knights of Columbus, Bike Works) Valentine's Party (Saint John Seadogs) P Annual Magic Show(Bernard the Magician) P Annual Saint John Seadogs Games(One Change, P Seasonal Diamond Coach) Gurl World(One Change) P Monthly Laughing Away Stress( One Change, UNBSJ) P Month of Feb. Finding the Art of Balance(One Change, P Month of Feb. Community Health Centre Community Volunteer Income Tax Program(One P Seasonal Change, Revenue Canada) Youth Night(One Change, Fire Fighters Union) P Monthly Survivor Night D One Time Marijuana Awareness Program(Derek Jones, P One Time Health Canada) Archery Program( Saint John Archery Club) P 4 Weeks Christmas Dinner & Tree Lighting(Main St. P Seasonal Baptist Church, SJ Non Profit Housing) Flu Shots(One Change, SJRH) P One time Kiwanis Christmas Party for the less P/D Annual fortunate(Kiwanis Club) Saint John Santa Claus Parade D Annual Computer Rooms P/D On oin Beautification Program(Environmental Trust P One Time Fund Grant, One Change) Teen Basketball League( Teen Resource Centre, P Ongoing One Change) Saturday Breakfast Program D Weekly The City of saint John Norm McFarlane Mayor's Office Bureau du maire SAINT JOHN WHEREAS: PROCLAMATION This is United Way's 48`h year of helping those in need; and WHEREAS: There are 25- member agencies of the United Way who provide essential services to those in need in the community; and WHEREAS: Over 250,000 needed units of service are provided to citizens from Sussex to St. Stephen annually; and WHEREAS: Funds raised support programs and services in our community. NOW THEREFORE: I, Mayor Norm McFarlane, f Saint John do hereby proclaim Thursday, September , 2007, as " nited Way Day" for the United Way of Greater Saint John Inc. I encourage everyone in our community to support the United Way and the 25- member agencies which provide services necessary in our community. The annual campaign is truly a community effort with labour, business, community leaders, non -profit organizations and numerous volunteers working to improve the lives of those in our community. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. P.O. Box 1971 Saint John, NB Canada E2L 41-1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada Games Stadium Re-Development Plan Canada Games Stadium Re-Development Plan August 2007 ----------- Page 1 Table of Contents 1. Background 2. Design and Re- development Scope Recommendations 3. Operating Plan and Financial Implications 4. Estimated Capital Cost and Funding Strategy 5. Action Plan 6. Appendixes Canada Games Stadium Page 2 Re- Development Plan 1. Background The Jeux Canada Games Stadium was built in 1985, the first time the Games were held in New Brunswick. Saint John was referred to as "an enchanted city" for the two weeks of the Games. Although the Canada Games Stadium is now under the ownership of UNB Saint John, it is heavily used by the entire community. The site has been used by many thousands of athletes over the 22 year period. The Stadium features a 400 - metre, eight -lane all- weather running track which wraps around a grass field for varsity and intramural soccer, as well as other sports such as football. It has fixed seating for about 5000 people, a press box and auxiliary facilities. Examples of some of the events held at the Stadium in the past include: local, regional, and national track & field and soccer, international soccer matches, football games, national archery events, and regional, national police dog trials and various annual community fund raising events. After over 20 years of heavy use the facility has reached the point of requiring re- development. In the 2004 recreation report, the Canada Games Stadium was recognized as one of Greater Saint John's most important sporting assets and the renovations were identified as a priority. The re- development of this facility, including an artificial turf field was to be a centerpiece of outdoor sport in our community. The stadium would become a primary location for field sports, track & field and major outdoor sporting events. In June of 2006 a committee was struck with $20,000 in funding provided by the City and the University to launch a "Feasibility, Research and Conceptual Design phase. This work was completed by Daniel K. Glenn Limited who worked with committee members, UNBSJ, the City and other stake holders. Committee Members Are: Bill MacMackin — Saint John Track Club & Athletics N.B. Dave Munro — UNBSJ Athletics Kevin Carson — City of Saint John John Higgins — Recreation Implementation Committee John Ferguson — City of Saint John & Province of N.B. Dave Thomas — Athletics N.B. Barry Ogden — City of S. J. Leisure Services Advisory Board, Teacher Dis. 8 & Fundy football David Emerson — UNBSJ The first draft of the plan was delivered to the committee on Oct 18, 2006 with further updates completed in December and January. Following this, user consultations were held with Sport groups, UNBSJ Senior Staff, City of Saint John, Recreation Committee & Sub - Committees, Province of N.B. Staff and the Southern N.B. Caucus. Generally, people are supportive of the plan in principal. The letters attached show strong support from numerous sport and recreation groups. On May 8th the committee presented a further update to common council of the City of Saint John at which time it was referred to the city manager for review. Since then the committee, city staff and UNBSJ staff have been working to refine the plan and report back to the city manager and council. In developing this report we have had further meetings with Senior UNBSJ Staff, worked with Leisure Services to develop operating cost estimates and had the facilities reviewed by the City Building Inspection Department. During this time the Recreation Implementation Committee chose to make this project their top priority project for 2008 Canada Games Stadium Page 3 Re- Development Plan 2. Re- development Objectives and Guidelines Daniel K Glenn Limited was provided an outline as to the types of programming currently taking place at the stadium and the future uses that are desired. These guidelines were drawn from the community consultations that were done as part of the 2004 recreation report and from a review of the historic uses. From this information the following guidelines and objectives were created for the redevelopment plan. UNBSJ Canada Games Stadium redevelopment plan should result in the following: "The Canada Games Stadium should become the Greater Saint John's 'prime location " for major outdoor sporting events: Important design elements • Designed to provide proper event areas for community sports • Suitable to meet international level competition • Fully lighted • Artificial turf field • New running track & field event areas (suitable area for throws & jumps) • Expanded dressing rooms • Improved & increased seating areas Benefits • More hours of use More uses for the facility More citizens participating This facility should also • Support increased participation in sport but youth and adults in the regional community. • Help the Community to support programs that will make Saint John a location of choice for elite & developing athletes. • Integrate into the community as a major events venue to help attract more national and international events. Canada Games Stadium Page 4 Re- Development Plan Recommended Design and Project Scope j 7 D. G Canada Games Stadium Page 5 Re- Development Plan Project Com onent Reason Required Comments & Benefits Track: The Canada Games Stadium is the only Supports the track and field A track and field venue in Southern N.B. It programs of districts 6 & 8 plus serves as a critical location for all school provincial Athletics NB events. track meets (elementary to high school) Annually over 4000 youth and many other provincial, regional and participate in track events at this national events. location. Throwing Area Throwing events are critical aspects of Maintains the facility as a B (Additional Grass Field): track & field for all levels of completely functional track and competition including elementary, field venue for Southern N.B. middle and high school. These events which is the only one available, can not be carried out on an artificial while supporting the objective of turf as they can damage the turf and it is introducing artificial turf. not in accordance with the rules. A new area for throws must be developed adjacent to the site on natural grass terrain. Canada Games Stadium Page 5 Re- Development Plan Canada Games Stadium Page 6 Re- Development Plan Artificial Turf Field: It has been identified that up to 4 Creates a "multi use" aspect to C artificial fields could be utilized to serve the renovated stadium by Greater Saint John. This field at the introducing the artificial turf and stadium will fill one of those needs and a whole range of new uses. make the facility more usable for More uses, more users and more different groups like soccer and football. hours of use. This will make this stadium and UNBSJ a destination for sport groups in our community and help increase participation opportunities. Grand Stand Renovations The current grand stand and bleachers This will all result in a better D Expanded Dressing seat close to 5000 and while structurally stadium with safer more modern Rooms & Storage sound they are 23 years old and in need seating areas. Renovations also Building: of renovation. New dressing rooms, provide for better dressing better storage areas, repairs and safety rooms, more storage and proper u rades to bleachers are required. canteen facilities. Lighting: Lighting is required to make maximum A facility that can be utilized for E use of this venue for sport competitions longer days and provide more and to get maximum usage in the spring utilization for the investment. and summer evening hours. Increased seating areas It was expected that we would require Increased seating provides a F increased seating areas in phase 1. more flexible venue with more However the committee is potential for major events but recommending that this be incorporated can be built into future phases. into future phases. They are not critical to the success of the project in the short term. Parking The campus has significant parking and Parking will enhance the future G it is expected that parking needs of this use of this facility as a major facility will be integrated into future events venue but can be parking strategies on campus rather than addressed in conjunction with in phase 1. UNBSJ as part of the overall campus plan in the future. Canada Games Stadium Page 6 Re- Development Plan Capital Cost of Design Recommendations The committee recommends the following components (Defined as Phase 1) be considered the initial scope of the project. The elements marked future additions can be pursued at a later date. R Z lltj�� hPP i; ...D Phase 1 -2008 Synthetic Track $682,325 Artificial Turf Field $802,050 Grandstand Renovations & New Dressing Rooms $525,000 Equipment Storage Building $75,000 Lighting for Turf Field & Track $250,000 Natural Turf Field & Throwing Areas $468,550 25% Contingency and Design fees $700,731 Total Phase 1 $3,503,656 Future Additions Parking lot and roads $260,960 Movable Bleachers $250,000 Lighting for Natural Turf Field $200,000 25% Contingency and Design fees $177,740 Total Future Additions $888,700 Total Project $4,392,356 Canada Games Stadium Re- Development Plan Land Use Issues: University of New Brunswick Saint John — Campus Plan The proposed grass field off the end of the stadium is designed to provide a proper area for the throwing events of track and field. These events include shot put, discus, javelin and hammer. Each of these events is introduced at varying age groups and at higher competition levels. However, all school meets (elementary, middle and high schools) incorporate some throwing events into their competitions. These events can not be held on artificial turf due to potential damage to the turf and higher risk of accidents (the implements tend to bounce more). As well track and field rules do not allow for these events to be carried out on artificial turf. To maintain this venue as a full service track and field stadium we asked Dan Glen to evaluate options for new throws areas. They are illustrated below. +.T x Option A Description: Provides an adequate throws area adjacent to the track. Benefits: Provides for these events to be in close proximity to the seating and track. It also provides a potential warm up area for soccer or other field sports. At this size it can provide a place for youth soccer to play. It does not cut into UNBSJ's potential development lands to any great extent. Weaknesses: It does not provide a full size soccer pitch and as a result has a more limited range of uses. This reduces the ability to maximize the use of this field. _ Option B Description: Provides an adequate throws area adjacent to the track and a ` - full size soccer pitch. i Benefits: Provides for these events to be " 41 _ in close proximity to the seating and track. Also provides a warm up area for IT- soccer or other field sports. At this size it - t� can provide a place for all soccer play or other field sports. �.., Weaknesses: Cuts a bit more into UNBSJ's potential development lands. .111111 os Page 8 While either option A or B will work, Dan Glenn has noted that for a small incremental cost Option B provides far more utility and potential for use. This would allow us to maximize the recreation investment and provides a second field to support campus recreation, programming for students and the community. We are looking to UNBSJ to advise as to a preferred option. Informal discussions have been taking place with the senior administration on the Saint John campus and those discussions have been positive to date. There still requires a great deal of discussion with the University in determining the scope of this project that meets both the needs of the University and the City. Currently the proposed capital budget for Phase 1 includes an allowance for Option B. 3. Operating Plan The operations plan has been developed with input from City & UNBSJ Staff. Our primary objectives were to ensure that the proposed plan for the City of Saint John involved a clear understanding of the following issues. • Who are the users? • What user fees are involved? • Who does the scheduling? • Who manages & maintains? • Who markets and pursues major events? • What are the operating costs for the renovated facility? In completing this analysis it became apparent that this facility is a "Community Stadium" but has not always been viewed that way by the public. Given the desire for considerable investment by the province, city and donors it is necessary for this perception to be changed. The stadium must be viewed as a Community Asset (One of our legacies from 1985) rather than an asset of UNBSJ. This will result in more use and a greater acknowledgement of the importance of this facility to our community. It will also ensure that the public supports the contributions to this project as community investments instead of donations to the university. The committee reviewed many similar facilities in the region and other parts of the country. Through the work done by City of Saint John Leisure Services we have developed a good understanding of the management opportunities and challenges related to this type of venue. In all cases user fees covered a sizable percentage of operating costs. Local groups interviewed expected that they would be required to pay for access to the site. As a result the committee makes the following recommendations with respect to operations: Canada Games Stadium Page 9 Re- Development Plan Ownership /Stewardship • The City of Saint John should seek out an agreement with UNBSJ with regards to future operations of the stadium using one of the following operating options (A or B): A. Take over the future management of the facility as a community stadium under the Leisure Services Department. City and users would be responsible for future maintenance under the direction of Saint John Leisure Services. A draft operating cost model is provided later in this report. B. Negotiate an operating agreement with UNBSJ whereby the city and university would operate the facility in a partnership arrangement to benefit from sharing of costs and existing services of both organization. A draft agreement was proposed following the 1985 games which may form as a template for these discussions. A copy of that agreement is included in the appendix. As previously stated, informal discussions have been taking place with the senior administration on the Saint John campus and those discussions have been positive to date. There still requires a great deal of discussion with the University in determining the operating model for this project that meets both the needs of the University and the City. Regardless of the option chosen by UNBSJ and the City of Saint John, sport groups should be involved in the future operations of the facility through a "Friends of the Stadium" committee. This could be structured to ensure user groups are directly involved and have input. It will also be critical to ensure that the facility is well positioned as a community sporting facility in the minds of the citizens. Major Events • The stadium can also play a role as an additional Major "Sporting" Event Facility for Saint John and can be integrated it into the marketing of other "major events venues." This might include partnerships with Venue Saint John, Tourism Saint John and Harbour Station working together to pursue 1 -2 major sports events at the facility each year with a revenue sharing arrangement with the stadium operations. Users • Use of the turf field must help achieve maximum use and reduced maintenance /wear and tear on other community natural fields. Use of the artificial turf field will be focused on sports that have historically caused the most wear on grass field. Proper operating controls on the proposed natural turf field should be used to maintain it to a high standard. After the re- development multiple groups can use the facility at the same time with a strong focus on ensuring user diversity. Specific sport users could be: • Soccer • Football • Track & Field • Spring Training for many sports • Field Hockey • Rugby • Field Lacrosse • Ultimate Frisbee • Etc. Canada Games Stadium Page 10 Re- Development Plan Scheduling • Scheduling should focus on broad population participation including smaller groups & week to week scheduling. • Major events will be pursued and booked in advance • City of Saint John Leisure Services should manage all scheduling as part of their new model to schedule all school and municipal fields. The objective would be to provide one stop scheduling for community fields. Operations Staffing • Seasonal staff will be required to over see the facility. • Staff resources may be required to properly manage the scheduling of this venue as part of the new scheduling model. Canada Games Stadium Page i 1 Re- Development Plan User Fees Community sports groups will pay fees for use. These will be developed to provide variable user rates based on volume of use, age of participant & type of event, length of event, game or practice and revenue implications. Programs & Rates will be adjusted to achieve the goal of full community accessibility and to grow youth participation while at the same time covering as much of the costs of operation as possible. CANADA GAMES STADIUM ARTIFICIAL FIELD FEES Prime (Monday - Friday 6:00pm - 10:00pm; Saturday - Sunday 8:00am - 9:00pm) $60 /hr $75 /hr lights Pre -Prime (Monday - Friday 8:00am - 6:00pm) $40 /hr Post -Prime (Monday - Friday 10:00pm - 12:00am; Saturday - Sunday 9:00pm - 12:00am) $60 /hr lights GRASS FIELD FEES All Hours $15 /hr TRACK Prime $40 /hr $55 /hr lights Pre -Prime $25 /hr Post -Prime $40 /hr lights Equipment $20 per session Individual Annual Membership $40 /season SPECIAL EVENTS - FULL STADIUM $100 /h r $120 /hr lights Dressing Room Usage $10 /hr All Rates inc HST Developed by City of Saint John Staff Canada Games Stadium Page 12 Re- Development Plan Operating Budget Canada Games Stadium Operating Budget - Estimated if operated by Leisure Services Revenues 2008 Facility Rentals $92,400 *(Based on 33 wks x 40 hrs @ $70) Municipal Contribution Concession Sales (Contract fee) Other Revenue (Advertising /logos) Total Revenues $92,400 Expenditures Full -time staff salaries (Scheduling covered by current staff) Part -time staff salaries $40,920 ($15.50/hr x 2 staff x 40 hrs x 33 wks) Staff: contracted services $6,000 (Security -UNBSJ shared; Garbage /Stadium cleaning) Total Salaries Employee Benefits $8,593 21% Total Salaries & Benefits $55,513 Non -Salary Expenses Medical /First Aid Supplies $600 Furnishings & Equipment $15,000 * *(Capital cost extra) Repairs & Maintenance $25,000 ($20K fields /$5K building) Cleaning Supplies $4,000 Telephones $1,500 Utilities $8,000 Insurance $3,000 Travel /Memberships /Receptions $2,000 Apparel /Footwear $500 Other Expenses $5,000 (ie equipment, tools replenishment) Meals $500 Total Non -Salary Expenses $65,100 Total Expenditures $120,613 Capital Replacement Provision $20,000 Closing Fund Balance $140,613 Operating Surplus (Deficit) ($48,213) *Projected Revenue based on 85% (Halifax) Prime Time sold ratio (UPEI 2006 paid $37,000 - $50 /hr prime /Moncton net $9,000 =1275 hrs rented) * *Capital cost ($7,000 inc turf sweeper /groomer + hauling Utility Vehicle $10,000) Developed by City of Saint John Staff Canada Games Stadium Page 13 Re- Development Plan 4. Estimated Capital Costs & Possible Funding Strategy The committee has spent considerable time working with city staff, representatives of UNBSJ and in preliminary discussions with the Province of New Brunswick. At this time the funding shown is not confirmed but does represent a reasonable cost sharing strategy that is consistent with other projects of this kind. It is expected that with a strong showing of support by the city, other funding partners can be pursued to achieve the funding required. The committee is proposing that the City of Saint John take the first step as a funding partner to show their seriousness about this project and as a way to kick start discussions with potential donors, the province and university. These investments would be made as part of the 2008 capital budget. Preliminary Opinion of Costs- Canada Games Stadium Funding Strategy (presumably over 2 fiscal years) Phase 1 - 2008 -2009 City /Emera Fund City Province UNBSJ Synthetic Track $682,325 Artificial Turf Field $802,050 Existing Grandstand Renovations & New Dressing Rooms $525,000 Equipment Storage Building $75,000 Lighting for Turf Field & Track $250,000 Natural Turf Field & Throwing Areas $468,550 25 % Contingency and Design fees $700,731 Total Phase 1 $3,503,656 $1,000,000 $1,000,000 $1,000,000 $504,000 28.5% 28.5% 28.5% 14.4% * * * Capital costs are estimates only based on the work done in conceptual design by Daniel K. Glenn Limited. Canada Games Stadium Page 14 Re- Development Plan 5. Action Plan The committee, with the support of the Recreation Implementation Committee would recommend to council that they move forward with the following actions with the intention to complete Phase 1 of the stadium in 2008. We ask the City of Saint John to take a lead role in the pursuit of this project in the following ways. Authorize City staff to move the plan forward by — Seeking an agreement with UNBSJ on the proposed scope, final design, construction management and on an the ongoing management / operations of the stadium. — Preparing an RFP for selection of Final Design and Engineering services for the project • Provide Funding to the project contingent on the balance being secured. — Consider $1,000,000 of capital funding in the 2008 capital budget — Allocate $1,000,000 of the funding offered by Emera towards the project. Council and Staff be assigned to work with the committee to secure the balance of capital funding by — Pursuing funding support from other levels of government and UNBSJ — Pursuing private sector companies to provide funding towards the project. Canada Games Stadium Page 15 Re- Development Plan 6. Appendixes • Letters of support • Copy of the original agreement between UNBSJ and City of Saint John 1985. • Design and redevelopment report - Dan Glen Limited — December 2006 Canada Games Stadium Page 16 Re- Development Plan RIC — Priority Focus Recreation Implementation Committee Appointed Members John Higgins / Mayor Norm McFarlane / Bob Manning / Susan Tipper / Councillor Ivan Court / Councillor Bill Farren / Craig Nickerson / Councillor John Ferguson (C) Canada Games National & Ongoing Stadium Multiplex International Events Community -Based Participation John Higgins (C) Bob Manning (C) Cathie Hurley (C) Bill Farren (C) Jorge Ciacciacerlli Art Comeau Craig Nickerson Kevin Carson David Emerson Dr. Andrea Garland Kevin Carson John Ferguson Dave Munro Barry Ogden Carl White John Higgins Bill MacMackin Craig Nickerson Dave Thomas Barry Ogden Ivan Court David Munro John Ferguson John Turner Carolyn Van Kevin Carson DerVeen Bill Farren anada Games Stadium Project Aug 2006 Current Status UNBSJ and Common Council approve joint funding to launch "Feasibility, Research and Conceptual Design phase Oct 18, 2006 — First draft of plan delivered to the committee outlining a number of design options and cost estimates. January — May 2007 — User consultations held: Sport groups, UNBSJ, City of Saint John, Recreation Committee & Sub - Committees, Province of NB — Committee narrows design options with feedback from users and stakeholders. — Committee updates council in committee and Referred to the City Manager June 2007 — To date — Recreation Implementation Committee makes it top priority project for 2008. — Letters of support gathered from sport organizations. — Consultation with UNBSJ Staff Community Stadium Community Legacy from 1985 — Built with community & tax payers money — Maintained for the community — One of our major sports event centers. — Used by the community more than U N BSJ UNBSJ Canada Games Stadium plan should result in the following: The Canada Games Stadium should become the Greater Saint John's "prime location" for all outdoor sporting events. meets the needs of community sports designed to meet needs for international level competition fully lighted artificial turf field allowing for all weather and all hours use. new running track and new track and field event areas. Increased seating areas. • This facility will also allow the Community to support programs that will make Saint John a location of choice for elite & developing athletes. • Potential for the facility to be a major events venue with professional marketing and management. The Community As Primary Users Soccer Football Track & Field Baseball Spring Training • Field Hockey • Rugby • Field Lacrosse • Ultimate Frisbee • Other sports related events • Goals — More hours of use — More uses for the facility — More citizens participating t s� y t t- i►S �. 'i SYNTHETIC TRACK Estimated Cost Synthetic Track $682,325 1 � 4 z• 9 • Remove existing track surface and asphalt • Install new asphalt base, seal coat and new track surface • Resurface long jump, triple jump, pole vault runways, steeple chase • Line new track RTIFICIAL TURF FIELD a f r N, • Excavate for subgrade • Install drainage, draintile and new synthetic surface • Fill with prepared rubber base and polyethylene turf • Removable goals and player benches ry'11 Estimated Cost Synthetic Track Artificial Turf TOTAL $682,325 $802,050 $1,484,375 enovate Grandstand &Develop New Dressing Rooms Estimated Cost Synthetic Track $682,325 Artificial Turf $802,050 Grandstand Reno $525,000 Equip Storage $ 75,000 TOTAL $2,084,375 iY r i �1 M • Relocate storage facility to new building • Expanded & renovated change rooms and shower facilities • Repair seating and passageways • Canteen Facilities • Referee rooms and press box outfitted for TV, voice & print media including a new p • Construct equipment storage building PARKING 4 i a T l l : 111q �4 I � Estimated Cost Synthetic Track Artificial Turf Grandstand Reno Equip Storage Parking TOTAL • grading and site preparation • Install substructure for drainage, curbing, signage • Fill with sub base and base fill, grade and place asphalt base and top coat • Line painting (108 new stalls) and landscape edges $682,325 $802,050 $525,000 $ 75,000 $260,960 $2,345,335 LIGHT FIELD &TRACK , - n:r a #` o 10 �� 1 A p ".9 �i dMil • Remove existing concrete bases • Install new bases, electrical services and new poles Estimated Cost Synthetic Track $682,325 Artificial Turf $802,050 Grandstand Reno $525,000 Equip Storage $ 75,000 Parking $340,050 Lighting $250,000 TOTAL $2,595,335 TURAL TURF FIELD `fro �� nn�4iniq� (options A & B) Throwing Area Throwing events are critical for track (Additional Grass &field Field): -elementary, middle and high school, regional, national and international. -can not be carried out on an artificial turf �a 1 t TT1T[T Ni ■- j fIIV � 1Q4 � g ti +i -Supports "multi use" aspect to the renovated stadium Maintains the facility as a functional track and field venue. HT NATURAL TURF FIELD �r Rion ' HHHHHH t% � II "'I'If "II'�I'll "II'i • Install new light bases, electrical service and new poles Estimated Cost Synthetic Track $682,325 Artificial Turf $802,050 Grandstand Reno $525,000 Equip Storage $ 75,000 Parking $260,960 Lighting $250,000 Natural Turf $468,550 Light Natural Turf $200,000 TOTAL $3,263,885 . 17 ADDITIONAL SEATING Estimated Cost Synthetic Track v Y ..a W I IQ INFO I 23A, g gyp' ,11111iilmmi „n. 4 ' • Seating for 1000 (5 - 200 seat portable bleachers) Artificial Turf Grandstand Reno Equip Storage Parking Light Track Natural Turf Light Natural Turf Portable Bleachers $682,325 $802,050 $525,000 $ 75,000 $260,960 $250,000 $468,550 $200,000 $250,000 TOTAL $3,513,885 ign Recommendations &Capital Cost Phase 1 — 2008 -2009 Synthetic Track $682,325 Artificial Turf Field $802,050 Existing Grandstand Renovations & Dressing Rooms $525,000 Equipment Storage Building $75,000 Lighting for Turf Field & Track $250,000 Natural Turf Field & Throwing Areas $468,550 25% Contingency and Design fees $700,731 Total Phase 1 $39503,656 Possible Future Additions Parking lot and roads $260,960 Movable Bleachers $250,000 Lighting for Natural Turf Field $200,000 25% Contingency and Design fees $177,740 Total Future Additions $888,700 Total Project $4,392,356 l� I � Y' h_Y l� I � Y' Operating Plan (Developed with input from City & UNBSJ Staff) User Fees — groups must pay user fees • Scheduling — The stadium should be integrated into the scheduling & management of other fields and programs. • Ownership &Stewardship — City and Users must be involved in the future management &maintenance with UNBSJ. Major events Integrate it into the marketing of other "major sporting events venues Possible Capital Funding Strategy Preliminary Opinion of Costs- Canada Games Stadium Funding Strategy (presumably over 2 fiscal years) Phase 1 - 2008 -2009 City /Emera Fund City Province UNBSJ Synthetic Track $682,325 Artificial Turf Field $802,050 Existing Grandstand Renovations & New Dressing Rooms $525,000 Equipment Storage Building $75,000 Lighting for Turf Field & Track $250,000 Natural Turf Field & Throwing Areas $468,550 25% Contingency and Design fees $700,731 Total Phase 1 $3,503,656 $1,000,000 $1,000,000 $1,000,000 $504,000 28.5% 28.5% 28.5% 14.4% Potential Future Additions Parking lot and roads $260,960 Movable Bleachers $250,000 Lighting for Natural Turf Field $200,000 _ 25% Contingency and Design fees $177,740 Tota 1 $888,700 450, 000 1 $450,0001 $0 $0 $261,000 Total Project with Future Additions $4,392,356 $1,450,000 j $1,000,000 $1,000,000 $765,000 33.0%1 22.8% 22.8% 17.4% ur Objective —Build in 2008 Al" 0 Action Plan We ask the City of Saint John to take a lead role in the pursuit of this project in the following ways. Authorize City staff to move the plan forward by — Seeking an agreement with UNBSJ on the proposed scope, final design, construction management and on an the ongoing management / operations of the stadium. — Preparing an RFP for selection of Final Design and Engineering services for the project Provide Funding to the project contingent on the balance being secu red. — Consider $1,000,000 of capital funding in the 2008 capital budget — Allocate $1,000,000 of the funding offered by Emera towards the project. Council and Staff be assigned to work with the committee to secure the balance of capital funding by — Pursuing funding support from other levels of government and UNBSJ — Pursuing private sector companies to provide funding towards the nrniPrt ur Objective —Build in 2008 Al" 0 Canada Games Stadium Re- Development Plan August 2007 Appendix 1— Support for the Refurbishment of UNBSJ /Canada Games Stadium Appendix 2 — Agreement Canada Games Society / University of New Brunswick / City of Saint John Appendix 3 — Canada Games Stadium- Revitalization and Future Use Plan Appendix 1 SUPPORT FOR THE REFURBISHMENT OF UNBSJ /CANADA GAMES STADIUM The following organizations support the refurbishment and thus the growth of our community. These organizations represents hundreds of teams , thousands of players and parents and a lot of commitment to our community through volunteerism and pride. Fundy Lacrosse Association [field Lacrosse] Saint John men's touch football association' Fundy Minor Football Association Saint John Soccer Association Saint Malachy's Athletic Department Simonds High School Harbourview High School Saint John Longhorns men's Football team UNBSJ SEAWOLVES football team Fundy Soccer Asseiation Saint John Canadians men'sRugby Club Saint John Womens touch football Association Saint John Labatts Trojans men's Rugby Club Saint John Women's Trojans Rugby Club Saint John women's Canadians Rugby Club Saint John High School Athletic Department Referee Association Student Council UNBSJ Saint John Women's Tackle Football Association Saint John Ultimate Frisbee Association Saint John Track Club Saint John Wanderers Football team Men's Senior Soccer Women's Senior Soccer SJHS Cross Country Club 06/11/2007 14:20 505- 658 -3745 SAINT JOHN HIGH PAGE 02/02 liin,ll. 10 7 I M aB$J SdC ho.4r45 To whom it may Concern, I am writing to express my support for proposal of a twf field at the Canada games Stadium located at the Ur+iversity of New Bnmswiok Saint Jobe Campus- The Canada Games Stadium provides a great service to many students at UNBSJ. The stadium is the home to both our varsity soccer teams as well as many of our recreation athletics teams. The stadium also houses many events, melded to sports, which contribute greatly to student life. As staderrts at Ui%mSJ the Canada Cremes Stadium is a piece of infrastructure that we take great pride in. It allows us to welcome community o1pnizations and large sporting events to our campus, Tin£olttmately due to the condition of our cun-eot turf we have had to cancel or move manly of these events to other locations. By updating our current field with new turf we would be able to restore the Canada Games Stadium to its full. potential. This is a project that not only the Student's representative Council supports, but one that our entire pampas community supports. if the Studenti's Representative eouncil can be of any assistanee on this project please do not hesitate to =d" us at RCP. -pr dent b -M- Sincerely Yours, President UNBSJ Students Representative Council SA /NT /OHN r9f 0 Tuesday, June 12, 2007 To: Canada Games Stadium Committee From: Organizing Committee of the Saint John Track Club Congratulations on the progress being made to re- develop the Canada Games Stadium. Since the 1985 Canada Games, the stadium has played a valuable community role as a location for local sporting events, community fund raisers and university sports. It has been the location for many national, regional, provincial and local track competitions and acts as the premier track and field facility in the province drawing people from around the region to UNBSJ. However, after more than 20 years, the facility is in need of an investment to keep it up to the standard of regional and national competitions. Over the past few years, the Saint John Track and Field Club has been growing significantly and now boasts one of the largest track club memberships in Eastern Canada. We offer programs to youth starting at age 7 up to University age. As well this year we have been successful at winning a bid for the Canadian Masters Track and Field Championships. It will be the first national event held at the stadium for over 10 years. Having a top class stadium is critical to these plans and the current design allows for many new and expanded programming for our sport and others. We are very pleased to have been involved in the development of the plan for the facility and encourage all levels of government to support this project. anks, M�� S intJohn Track Club To whom it may Concern May 2, 2007 Please accept this letter as an endorsement for the plan to upgrade and improve the Canada Games Stadium and its related facilities. As the District 6 Elementary Physical Education Mentor, we are fortunate to have such a great facility close to our schools. In the past 20 years, the students of District 6 have been able to use the Canada Games Stadium to host our District wide track and field meets, which attracts approximately 350 students at each of the elementary level, and middle and high school level as well .In addition, we have used the stadium for the implementation of Hershey meets, and the local and provincial Legion Track and Field Meets. Also, the soccer field has played host to soccer jamborees, and soccer clinics in association with the Howl With The Wolves program — a partnership between the Athletics Department of UNBSJ and School Districts 6 and 8. With the Canada Games Stadium providing the necessary space for a multitude of events, this venue is heavily used and is now in need of repair or replacement. Given the legacy of the 1985 Jeux Canada Games in Saint John, it would be a shame if this terrific facility was left to deteriorate. As an educator, it is imperative in this day and age, that we do all we can to ensure we have sufficient, usable facilities to carry out recreational and athletic activities. Cutting back, or allowing our existing venues to become unsafe and unusable, would prove to be very detrimental in our fight against childhood obesity. I fully support the bid to have the Canada Games Stadium undergo a facelift. Should you have any questions/concems, please don't hesitate to contact me. Respectfully, Greg Leland District 6 P.E. Mentor Gregory.lelandPa ned.nb.ca 847-4074 Fundy Minor Football Association CANADA GAMES STADIUM / UNBSJ REFURBISHMENT FUNDY MINOR FOOTBALL ASSOCIATION is fully supportive of the refurbishment of this facility , particularly putting artificial turf at the Canada Games Stadium.We would like to start with offering a two thousand dollar donation [S 2,000 ] to the construction of the artificial turf at the stadium. We need this major venue to host major events and to stop games from being cancelled. Our season and our days are not as long as our sister Maritime communities because they have artificial turf. We often have days rained out, this all leads to lower participation in our community. We have also lost major events because the field at Canada Games is not durable, an artificial field with a stadium would allow our community to go after major events. The volunteers of Fundy Minor Football continuously raise the money to buy equipment for every child so they can play football. We are committed to ensuring every child can play. We have seen tremendous growth and are adding a new division /age group this year. We are increasing participation and we are ensuring all children can play . We , the volunteers , believe we are fighting poverty , obesity , criminal behaviour and we are making our community attractive to new families. We need the help and facility to do this. With an artificial field at UNBSJ we could host major events .Please do not allow our community to fall behind and please support the efforts of our volunteers. We help thousands of children and their families by preventing problems that costs the taxpayers millions of dollars, refurbishment of the CANADA Games stadium at UNBSJ is a wise investment. Sincerely, JOHN WATSON PRESIDENT FMFA Page l of 1 From: "barry ogden" <bogden @nb.sympatico,ca> To: "barry ogden" <bogden @nb.sympatico.ca> Sent: Saturday, June 09, 2007 6:53 AM Subject: Fw: UNBSJ FIELD SAINT raga SOCCER ASSOCIATION Absolutely, Saint John Soccer Club is completely supportive of this upgrade of UNBSJ. We will support all such projects that raise the standard of living in our community, both for the residents and the visitors to Saint John and the surrounding communities. I am pleased that your project is moving along so well. I hope that the development that we are spearheading at the Gorman Arena site meets with the same levels of success that UNBSJ enjoys. Please feel free to contact me if and when you require assistance. Respectfully, John E. O'Neill Lieutenant of Training Saint John Fire Department 6!9/2007 SAINT JOHN HIGH SCHOOL ATHLETIC DEPARTMENT UNBSJ /CANADA GAMES REFURBISHMENT We fully endorse the refurbishment of our major stadium in our region. Many high school finals and provincials could be hosted at the stadium if it were artificial turf. We can not count on the field at UNBSI because it can not be used throughout the whole day [no lights and when it is wet ]. We are also far behind other community's seasonal length as our fields are too wet in the spring and often in the late fall. As other communities build new facilities to host major events [Moncton's new $20 million dollar stadium] we will fall even farther behind. We presently have 11 high schools in our area that could create even more events if we had a dependable stadium . This would also serve as a great recruiting tool for UNBSJ as more citizens would go to the campus and see it as a major enter of our community. This would help us to keep our young people home if they are educated in our community. There is a new push to have children become more active and we know that when children are active they are better learners and both physically and mentally more healthy. This refurbishment would make us a healthier more active community which would help retain and attract more youth . This is a super idea, please act now on this positive progressive growth idea. TOM KEAVENEY, ATHLETIC DIRECTOR SAINT JOHN HIGH SCHOOL Saint John ULTIMATE "Reaching Higher' To: Barry Ogden Re: Saint John Ultimate Frisbee Support Date: 04 June 2007 Barry, 134 Brookvim Cres Saint John NB E2M 4l1 (506) 642 -1476 My name is Scott Underwood, I'm the Executive Director for Saint John Ultimate Frisbee. We have heard about the proposed development for the UNBSJ field, and support the initiative for the development. With a current active membership of 90, we are trying to grow the sport in the city, and the University is a market with a growing interest in the sport. An upgraded facility with adequate size for the sport will certainly be a big help for the growth of Ultimate Frisbee in Saint John. Thanks for your attention, Scott FhC in'om. w, i. )i' , . rn q r 2 ��wi ve' n ldhrr e, . s.e,l :^ n cnoj .j.4 n1f, flin inh =llec[t ai pwpel ty ni art ,. rr .l{t i I see. No crt of Vis d,rti,.. "way iep'd. cad oti a _uNoi mi l,i �.c�o i ir rr ur ne ex, id`«•!ic _ti, ^n¢or 3inY I l l f =�a[e n ShBC. UNBSJ STADIUM RENEWAL The Wanderers Men's Senior Football team fully endorses the refurbishment of the Canada Games stadium especially with artificial turf .Saint John has the largest number of men senior football players in the Maritimes. We find it hard to host our finals in our community as we require lots of seating with dependable turf . The stadium is not dependable for usage and thus is not efficient nor is a symbol of pride as it once was. Refurbishment will create pride in our community and allow us to compete with other communities that have moved far ahead of us in recreational facilities. A lot of big drawing events could happen in this community if we had a dependable facility with lots of seating, this is what UNBSJ should be. It is a great idea to refurbish UNBSJ stadium a lot of big, positive and new events could happen which would promote our community and bring it closer together. The Wanderers fully support this idea. It YATANEIRTARlIffl MARK GALLAGHER COACHES Saint John Trojans Rugby Football Club Inc. P.O. Box 6531, Station "A ", Saint John, N.B., E2L 4R9 June 7, 2007 To: Canada Games Field Committee Re: Turf Field First let me introduce myself my name is David McPherson and I have been involved in the Saint John sporting community for over 40 years as an athlete, coach and organizer. My expertise is in the field of Rugby at the local, provincial and National level. I had the pleasure of coaching the Canada Games team in 1985 when Saint John was the toast of Canada particularly from the facility perspective and regretfully to the state where we are today. The major issue with any field sport in this part of the world is the weather and the short seasons. To give you an example the High School Rugby season is completed in 5 weeks with each team playing 7 regular season games and 4 playoffs games. That works out to 2 games a week, senior players only play i game per week. if fields are closed due to weather you can just imagine the complications. For example this year we had to get special permission to extend the season and their insurance due to games being postponed due to weather. The solution is turf fields. This year we took our High School Rugby to Montreal the 3rd week of April. The weather was terrible we played our first game in 6 inches of snow, by the time we played our last game on Saturday the field was completely bare —no damage no problem because we played on a Turf field. I cannot begin to tell you all the positives that a turf field provides. You have my full support in your proposal to upgrade UNBSJ to turf field Respectfully your David McPherson (Head Coach Saint John High, Trojans R.F.C.) June 8, 2007 Re: Refurbishment of the Canada Games Field at UNBSJ. To Whom It May Concern: As vice- president of the Fundy Minor Official Association I was asked to submit a letter with respect to the building of an all purpose playing field at UNBSJ. I have officiated amateur football for the past fifteen years at each of the three levels. [Minor, high school and university] I have worked games in Nova Scotia, Quebec, and New Brunswick and through my experiences I have recognized that working and playing on an all purpose field is the only way to go. The all purpose field offers a much safer environment to all that take part. It also allows for the actual use of the facility to extend to a larger percent of the year and it creates for an easy transformation from one outside sport to another. As a parent, a coach, and an official the prime importance is the safety of the child\ athlete. I strongly believe that with this type of playing surface we will create a much safer environment to everyone that takes part. The surface is level to run on which would eliminate a sudden drop in body position. The participants would find it easier to make cuts when changing direction and when tackled they would find it softer when they landed. [Particularly on a cold day in November] The calendar year for playing would be extended on both ends. Therefore, instead of beginning in May, you now could start in March and finish in December. The term multi- sport is truly created with this type of playing surface. The participants of a soccer game would not be affected by the previous participants of a football game with respect to field deterioration. Each team would have clear even field to play on. With respect to just these three points I would venture to say that by creating this type of playing surface, it would definitely be a step in the right direction for everyone involved. Sincerely, R Armstrong UNBSJ Field Turf Proposal - Letter of support UNBSJ Field Turf Proposal = Letter of support June 1. 2007 To Whom It May Concern: Almost five years ago I had the opportunity to return to Saint John and make it the place where I would raise my family. Quality of life was the first thing that came to mind when making that choice, a choice that was strongly influenced by my first New Brunswick experience at Mount Allison University as a student, athlete and later coach. I Iaving been involved in Football for almost 20 years, across three provinces it was a natural way for me to integrate the community and give back to the youth of Saint John. The personal benefits I have gained through the game of football are too numerous to even mention, but in an attempt to summarize it I could say that it played a significant part in who I am today. Now as a local high school coach I can witness the tremendous impact on young lives and I can easily recall the number of times a kid wrote back with pride letting me know that they are doing well mainly because they were once given the chance of being part of something special. As a Saint Johnner, I have been involved in coaching at the bantam, high school and senior levels. I have coached with our regional and provincial elite teams and have organized recruiting events to showcase our local talent to the various Canadian Universities. Believe me when I say that the interest is growing at a very rapid pace, after all where can you find 50 -75 kids or adults from diverse backgrounds come together as one team and strive for a common goat? In no other sport will you see a 300 lbs kid work with a teammate half his size and feel the he too can be part of the "team ". At the senior level I have seen doctors and lawyers pair up with blue collar people and mutually respect each other on and off the field. This region has created the first women football league in Canada, something that we are tremendously proud of. With that in mind, we have as a football community attempted to expand our sport and allow that natural growth to occur. Unfortunately we are faced with a serious issue: the lack of football fields. On numerous occasions we have turned around many individuals interested in getting involved because we simply have nowhere to play the game let alone practice. At my High school on any given night we may have 3-4 different sports team on one surface leaving 35 -45 of my players to practice in a 20 yards by 20 yards square. UNBSJ Field Turf Proposcil � Letter of su Two yews ago while attempting to secure a field for 3 senior games, I was informed that we were on the waiting list after soccer, field hockey and dog shows. Looking at the costs of building and maintaining natural fields and given their limited seasonal usage it would appear to be a costly venture over time if one did the long term cost benefit analysis. The solution that makes the most financial and practical sense is to invest into a "Field Turf' surface at UNBSJ. I have been privileged to use this surface both as a coach with the Ottawa Junior Riders and have used the field in Moncton as well. Not only does it require little maintenance and can be used virtually year- round, it is one of the safest and durable surfaces I have ever seen. I cannot stress enough that putting in place this field is an investment and not simply an expense. Over the long run it will reduce maintenance costs, increase participation and allow Saint John to host large sporting events. It is time to put ourselves back on the map and not allow all the other regions to leave us behind in their tracks. The capacity to involve more members of our community into sports will reflect our willingness to create a healthier and more dynamic Saint John. Sincerely, Pat Parent Head Football Coach Simonds High school Director- Football New Brunswick To whom it may concern, The time has come for all three levels of government, with the assistance of the private sector, to get together and commit the necessary funds for the installation of an artificial surface field and an upgraded track at the Canada Games Stadium. The advantage of the artificial surface is that it truly can be used continuously as long as there is no snow (about 10 months of the year). With the necessary upgrades the stadium can become a true multiuse facility (soccer, rugby, football, track & field, field lacrosse, field hockey, etc.) that can be utilized by the youth of the city and the university as well. It is a winning combination for all. Mayor MacFarlane and common council, MLAs, and MPs, the time for talk is done, now is the time for action_ With some additional seating and the proper lighting the field can be made a show piece to attract high profile regional, national & international events. Saint John is losing out. The high schools football finals are in Moncton, the Hershey Provincial and Atlantic Finals are held in Dieppe. Fundy Minor Football was forced to cancel its spring 13 & under and 15 under programs in part because of the lack of suitable fields. It is time for the three levels of government to move forward with this initiative as laid out by the recreation committee. Arliss Wilson Saint John Page 1 of 1 barry ogden From: "barry ogden" <bogdenQa nb.sympatico.ca> To: "barry ogden" <bogden@nb.sympatico.ca> Sent: Saturday, June 09, 2007 7:41 AM Subject: Fw: NEW FIELD REQUIRED! FUNDY FLAG FOOTBALL UNBSJ ARTIFICIAL FIELD The purpose of my e-mail is to ask that you add my voice in the pursuit of a new artificial turf field at UNB Saint John. I would like to be noted as a person who strongly believes that our community needs to enhance its ability to meet the needs of children who want to enjoy sports. For the past few years, I have been coordinating and coaching the Fundy Minor Football "Flag" program in Saint John Central. The flag program has proven to be very popular and, as I indicated above, at least some of the players it attracts are not involved in any other minor sports. I suspect that this is a function of Fundy's commitment to making the game financially accessible to a wide population and, also, the fact that football offers children of varying athletic abilities meaningful positions, so that even the marginally athletic child can be a part of a team and can contribute in a satisfying manner. This is not true, of course, in many other sports. In the course of coaching the flag teams, I have been shocked by the lack of field availability in Saint John. I must say that "shock" is not an overstatement: it has only been with great difficulty that I have been able to secure field time for the children's practices, and it has not been uncommon at all to find us relegated to small grassy patches near the "real" sports fields when soccer games, field hockey games and other events have been scheduled at the same times as our practices. I am not sure that Saint Johners really understand how great the need actually is for additional sports fields in this City. In my view, it is significant. The beauty of an artificial turf field, as you know, is that it allows for more use on a consistent basis. Weather conditions are often less of a concern; the seasons of the year have less impact on usage; and the field presents many fewer safety concerns than does a natural grass/ dirt field. Beyond that, it is my understanding that a strong economic argument for artificial turf may exist, when ongoing maintenance costs are considered. I still remember playing on teams and many of the specific games even now — decades later. What I recall are the positive experiences, the hard work, the determination, the teamwork and the pure fun of being part of something that was beyond me as an individual. In my estimation, team sports have very lasting and positive impacts on participants, and help to improve people for life. The opportunities for improvement are limited by resources, however, and I believe that the potential of Saint John's future generations is currently limited somewhat by our shortage of athletic facilities. A new artificial turf field at UNBSJ would certainly help. Kelly Van Buskirk LAWSON & CREAMER Direct: (506) 633 -3535 Fax: (506) 633 -0465 E -mail: kvanbuskirk @lawsoncreamer.com This e-mail contains information intended only for the person(s) named and may be SOLICITOR- CLIENT PRIVILEGED. Any other distribution, copying or disclosure is strictly prohibited. If you have received this e-mail in error, please notify us immediately by telephone at the number above or reply by e-mail to the sender, and delete all copies of this message. 6/9/2007 June 1, 2007 To Whom it May Concern; As a 30 year volunteer coach from this area I have been appalled at the condition of our sporting facilities in Saint John for some time. I did not realize until I started to travel throughout the Maritimes for sporting events, what was and has been available to other communities for years. We play on hard to maintain surfaces that are not even considered totally `safe' by the actual participants. Some fields (Forest Hills and Allison Grounds) have had to be closed due to safety concerns, others should be considered for closure and upgrade as well. Cost and demand have long been cited as the roadblock to better facilities for our community. What do the communities like Truro, Charlottetown, Moncton, Fredericton and Halifax use for money? If we have the political will to make these changes -they will happen. We should begin this crusade with a low maintenance, high useage, cost effective `turf field at LINBSJ. UNBSJ have the perfect scenario to begin our venture into the 21"century - existing facility - stands and in&-astructure - centralized location -a desire to work with the community it serves -an opportunity to establish a legacy of growth We need a turf field in Saint John and it should be at UNBSJ. Philip McGaivey Head Coach St Malachy's High School Saint John NB V �b ptlHeflcs p'trW'° Athletics NB / Athletisme N.-B, 140J Hampton Rd, Suite 323 Rothesay, N.B. E2E 5Y3 Tel: (506) 849 -4940 Fax: (506) 847-1684 E -Mail: anbna,nbnet.nb.ca The Jeux du Canada Games Renovation Committee Attention: BilI MacMackin, Chair Dear Bill, On behalf of Athletics New Brunswick I want to thank your committee for taking the initiative to develop plans to upgrade the 1985 Jeux du Canada Games Stadium. I have been informed that these plans include renovations so that a number of sports at the highest level will be able to be staged at the stadium. No doubt this will contribute greatly to the Greater Saint John Area being able to stage both national and international events on a regular basis -- something that has not been a possibility for over twenty years. You can be assured that Athletics New Brunswick will help and assist your group in bringing this venture to fruition, We certainly look forward to promoting the renovated 3JNBSJ stadium as a great venue for hosting national and international athletic events in the very near future. Yours in sport, ytvDr. Dennis Furlong resident Athletics NB Appendix 2 EXHIBIT "F" THIS AGREEMENT MADE as of the 1st day of September, A.D. 1983; B E T W E E N: THE SAINT JOHN 1985 CANADA SUMMER GAMES SOCIETY, INC. LA SOCIETE DES JEUX D'ETE DU CANADA 1985 DE SAINT JOHN, INC. (herein called the "Society ") OF THE FIRST PART -AND - THE UNIVERSITY OF NEW BRUNSWICK (herein called the "Owner ") OF THE SECOND PART AND THE CORPORATION OF THE CITY OF SAINT JOHN (herein called "Saint John ") OF THE THIRD PART WHEREAS the Canada Games Council (the "Council ") has recommended that the 1985 Canada Summer Games be held at Saint John, New Brunswick; AND WHEREAS the Minister of State Responsible for Fitness and Amateur Sport (the "Minister ") selected Saint John, New Brunswick„ as the site for the 1985 Canada Summer Games (the "Games "); AND WHEREAS the Society has been incorporated for the ^ purpose of organizing, managing, promoting and conducting the Games on behalf of Canada, New Brunswick and Saint John; AND WHEREAS Canada, New Brunswick, the Society and Saint John have entered into an Agreement providing for the Organizing, managing, promoting and conducting of the Games (the "Four Party Agreement "); AND,WHEREAS the facilities and the work and services hereinafter described are required by the Society for the pgrpose of the Games: - NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and conditions herein contained, the Society and the Owner agree to the following terms and conditions with respect to the construction of and use and enjoyment of the facilities described in or shown- on Schedule "A" hereto. - 1. The Society agrees to construct and /or install at its own cost and expense and subject to the Four Party Agreement, the work and services (the "work, "), more particularly described in Schedule "A" hereto. It is understood and agreed that the Society's obligation to construct and /or install the work is subject to available financing. 20 The work shall be performed in accordance with plans and specifications developed by the Society in consultation with the Owner and approved by the vice- President of the Owner or his designate. Plans and specifications shall provide for such adjustments, alterations and restoration as may be reasonably required to ensure the effective use and -3- enjoyment of the work and the facilities and the property upon which they are located after the Games. 3. The work shall be carried on in a good and workmanlike manner and the Society shall use its best efforts to minimize interference with the use and enjoyment by the Owner of the property on which the work is to be performed. 9. The work and the property on which it is situate shall be kept clear of Mechanics' Liens arising by virtue of the performance of the work by the Society at the expense of the Society. �5. The parties agree to co- operate one with the other in enforcement of warranties in connection with the performance of the work. All warranties, where possible, shall be for the benefit of the Society and the Owner. 6, The Owner shall have the right to inspect the work at all reasonable times. 7. The Society shall be responsible for utilities connected with the performance of the work by the Society. The Orrner shall be responsible for utilities and for the security of the work and the location thereof after the work has been completed. Be Title to the work shall at all times be in the Owner. The Owner represents and warrants to the Society that it has title to the property upon which the work is to be carried out and has the authority to enter into this Agreement. 90 Prior to the Games the Society shall be entitled to utilize the work and facilities of the Owner and the property on which they are situate for purposes of the Society upon terms to be approved by the Owner and at no cost to the Society. 106 During the Games and no more than two (2) months prior thereto to the extent that the same is reasonably necessary, the Society shall have full and exclusive use of the work and of the facilities of the Owner and such portion of the property on which they are situate, as well as access thereto, at no cost to the Society, in order that the Society may fully and effectively utilize the work and facilities of the Owner in carrying out the Society's obligations to organize, manage, promote and conduct the Games. 11, After the work is completed and the Society has advised the owner that the work is suitable for use the Owner shall be completely responsible for the operating expenses and maintaining the work, during its useful life, in good condition and repair, and in particular, maintaining the work to Canada Games standards, in the opinion of the Society, until the completion of the Games. The Society shall have no obligation with respect to operating and maintenance costs of the work. 12. Should the Society, in its opinion, consider that the Owner is not maintaining the work to Canada Games standards, the Society shall notify the Owner and. if the work is not maintained to Canada Games standards within a reasonable time the Society may perform such maintenance as may be necessary to return the work to Canada Games standards and charge all costs of such maintenance to the Owner. Upon the -5- Owner being advised of such costs, the amount thereof shall 'become immediately due and palpable to the Society. 13. After the work has been completed and turned over to the Owner for use the Society mey require the Owner to limit the use of the work prior to the Games to permit the work to be maintained to Canada Games standards. 14. After the Games are completed the work shall immediately be turned over to the Owner and the Society �t right or A shall have no further /responsibility in connection with the work. t 15. (a) Reasonable fire and other peril insurance coverage (where applicable) shall be placed and maintained upon the work by and at the expense of the Owner naming both the Society and the Owner as insureds. Such insurance shall be placed prior to the commencement of the work, and maintained for the benefit of the Society until completion of the Games. (b) The Society shall maintain public liability insurance coverage for the protection of the Owner and the L 5 Society to the extent of not less than 000,000.00 in respect of its use and occupation of the work. Nothing herein shall obligate the Society to duplicate any coverage in effect under the Four Party Agreement. (c) Evidence of compliance with the insurance coverage required hereunder shall be furnished by the Owner or the Society to the Society or Owner, as the case may be, prior to the commencement of performance of the work and from time -L- to time thereafter during the currency hereof as the Owner or Society may reasonably require. 16. The terns and conditions of Schedule "8" shall form part of this Agreement. 17. Time is of the essence of this Agreement. 18. This Agreement constitutes the entire agreement between the Society and the Owner unless amended or modified in writing executed by both parties. IN WITNESS WHEREOF the parties hereto have caused their respective corporate seals to be hereunto affixed and attested by their respective proper officers duly authorized in that behalf. THE SKINT JOHN 1985 CANADA SUl1MER GAMES SOCIETY, INC. - LA SOCIETE DES JEUX D'ETE DU CANADA 1985 DE SAINT JOHN, INC. THE UNIVERSITY OF NEW BRUNSWICK Per Vice- President in Saint John and 1 THE CORPORATION OF THE CITY OF SAINT HN Per _ �`�✓ c c/ , -- '—' Mayor ' and Zj Common�erk i 2ui �1 �� SCHEDULE "A" TO AN AGREEMENT BETWEEN THE SAINT JOY.t: 1985 CANADA SUAII:£R G701ES SOCIETY. INC. - LA SOCIETY DES JEUY. C'ETE DC CANADA 1985 DE SAINT JOHN, INC,, THE UNIVERSITY OF NEW BRUNSWICK AND THE CORPORATION OF THE CITY OF SFIVT JOHN ENTERED INTO AS OF THE 1ST DAY OF SEPTEMBER, 1983 SITE AND FACILITY DESCRIPTION OF WORK & SERVICES Field House at The General upgrading for Basket - University of New Brunswick ball and Volleyball in Saint John competition to Canada Games Facilities Standards including installation of basketball clock. Track & Field Facility (new) at The University of New Brunswick in Saint John Construction of new track and field facility to Canada Games Facilities Standards including excavation, installation -of storm sewers, fill and grade, top soil and sod, construction of fencing, installation of lighting, construction of grandstand with storage area, installation of infields subsurface drainage and perimeter track drainage, track insulation, synthetic surface and asphalt underlay, NOTE: Approximate location of Tracy: and Field Facility shown on Reference Drawing for the Track. and Field Venue for the Games prepared by Neil and Gunter Limited Dated September 16, 1983. SCHEDULE "B" i TO AN AGREEMENT BETWEEN THE SAINT JOHN 1985 CANADA SUMMER GAMES SOCIETY, INC. - LA SOCIETY DES JEUX D'ETE DU CANADA 1985 DE SAINT JOHN, INC., THE UNIVERSITY OF NEW BRUNSWICK AND THE CORPORATION OF THE CITY OF SAI19T J011N ENTERED INTO AS OF THE 1ST DAY OF SEPTEMBER, 1983 The Owner and Saint John, in consideration of Saint John agreeing to the construction of a Track -and Field Facility on the property of the Owner and of the Owner agreeing to such construction, and in consideration of the terms and conditions herein contained, agree as follows: - le The Owner shall pay to the Society immediately upon execution of this Agreement the sum of Two Hundred and Fifty Thousand Dollars ($250,000.00) as their contribution towards the cost of construction of the Track and Field Facility, 2. The Owner shall operate and maintain the Track and Field Facility at its expense. The long -term maintenance costs for the all weather Track and Field Event Run -ups shall be reviewed with Saint John at the end of each six (6) year period commencing on completion of the Games to determine if a shared cost scheme for the maintenance of the Track and Field Event Run -ups is appropriate based on useage by the Owner and Saint John. 3, The Track and Field Facility and associated dressing and shower rooms in the Field House (the "Facilities ") shall be for the joint use of the Owner and Saint John and their use shall be jointly scheduled in accordance with the following priorities:- (a) during September 1st in any year through April 30th of the following year (the normal university year) the Owner shall have priority for use of the Facilities for its own programmes; (b) during May 1st through August 31st in any year Saint John shall have priority for the use of the Facility for its programmes. The administration of the Track and Field Facility shall be the responsibility of the Owner. 40 The facilities to be made available to the Society for the Games and for Society sponsored activities or events shall include the use of the dressing and shower rooms in the Field House. s. The Owner may charge a user fee or request a grant ftom Saint John to offset unusual operating and maintenance costs such as additional security or lighting 'for non - university sponsored special events or programmes. fi. University parking areas may be used for non - university scheduled events or programmes by participants using the Track and Field Facility and by those attending the programmes or events. 7. Saint John shall pay to the Owner annually for a period of five (S) years a grant in the amount of $50,000.00, the said grant to be paid during Saint John's 1984 fiscal year and continuing through 1988. 8. These terms and conditions and amendments or additions thereto remain in effect until such time as the Owner and Saint John otherwise agree in writing. The Corparration of tip city of Sain ' John The Unive sity of New Brunswick Appendix 3 a r `Cf al n ►DIiJM - E AND FUTURE USE LAN 14, . s �. ry dX r Final Report d -04 A" 4.: ember 2006 1, ,. ANt 111IIv 1I4 v 5 0 .vp�`_ _I`i1.AIi iV VNla . r 4 STRATEGY • The City of Saint John is embarking on a new strategy to become the "Recreational and Wellness Community of Choice ". With the new and exciting growth happening in Saint John the community has recognized the critical importance that recreation will play in attracting families and business to support current and continued growth. Part of meeting this need is the requirement for updated and modern recreational facilities. Canada Games Stadium Redevelopment Plan 2 C,LlKI , 1, � , AR( NC III ( ?Nb STRATEGY • A movement toward constructing new facilities and the upgrading of existing sites is gaining tremendous support. The first big step in this movement has been the construction of three new state -of- the -art multi- use sports fields in Millidgeville for our three uptown high schools, with opening day scheduled for September 2007. The second big step has seen Common Council's appointment of a Recreation Committee to assess the recreational needs and gaps within the community. This committee has completed the first phase of its work and several key needs and projects were identified as community priorities. Common Council has accepted and fully endorsed these recommendations and has established the, "Recreation Implementation Committee" to bring these projects to fruition for the community. One key priority that was endorsed is the development of a "Revitalization and Future Use Plan" for the UNBSJ Canada Games Stadium. (d -FAN r. Canada Games Stadium Redevelopment Plan 3 �� ';k 16 A��i H� STRATEGY • In 1985 the Canada Summer Games were held in New Brunswick for the first time. The event captured the spirit of the City with a crowd of 12,000 taking part in the opening ceremonies. A field of 2,779 athletes competed while setting 18 records. The legacy for Saint John and UNBSJ was a $3.5 million dollar stadium and track. The facilities include a 400 m synthetic track and grass sports field with seating for approximately 5,000. Varsity and intramural soccer are the primary users along with flag football, cricket and casual joggers. Past events held at the stadium include: local, regional, and national track and field events; international soccer matches; national archery events; regional and national police dog trials and the Rally of Hope. Today this facility still remains the primary track and field venue for the Province of New Brunswick. :u h \111 K RM h k K- Canada Games stadium Redevelopment Plan 4 �z ('��� ���.�.ax� STRATEGY The Recreation Implementation Committee engaged Daniel K. Glenn Ltd., a consulting firm with extensive sport and recreation experience, to devise a development strategy for revitalizing the stadium. The firm was asked to investigate various options for upgrading the running track and stadium while adding an artificial turf sports field, additional seating and a new grass field adjacent to the stadium. The vision for the property is to become the "Crown Jewel" for all of "Greater Saint John's" outdoor sporting and community events. It is the intent of the community to host the Premier's proposed New Brunswick Games at this facility and in the Greater Saint John community in 2008. Hosting international, national and regional events is critical to the city capitalizing on the growing field of sport tourism. This project will be the catalyst to re- energizing the community and meeting the goal of becoming the "Recreation and Wellness Community of Choice ". Canada Games Stadium Redevelopment Plan 5 pro •]►`101111• VAR! 2005 Campus Plan • In 2005, UNBS) embarked on a campus planning exercise to guide future development. The vision is one of transformation, setting renewed standards for excellence and Fthe campus plan concept growth. J) Canada Games Stadium Redevelopment Plan 7 KEY RECOMMENDATIONS Numerous options and facility enhancements were evaluated by the committee. The following list summarizes the key recommendations of the plan. Replace Synthetic Track with new state -of- the -art surface • Replace field with an Artificial Turf Field • Grandstand Renovations to improve change rooms and seating, and media facilities • Add a Canteen • Add a separate Equipment Storage Building • Add parking for 100 plus vehicles • Light Track and Field • Add new Natural Turf Field • Light Natural Turf Field • Add portable Bleachers Canada Games Stadium Redevelopment Plan 8 a1U IIIIF� Imo. SYNTHETIC TRACK Canada Games stadium Redevelopment Plan 9 COSTING Synthetic Track $682,325 SYNTHETIC TRACK Remove existing asphalt and track surface Install new asphalt base and seal coat Install new eight lane 400 metre synthetic track surface Surface thickness to be 12mm min. as per IAAF standards Line new track as per IAAF standards Resurface 2 long jump /triple jump runway areas Resurface 2 pole vault runway areas Resurface existing steeple chase pit Estimated Cost: $ 682,325 Canada Games Stadium Redevelopment Plan 10 Ht llf iV .� p {µA l'I::SHh ARTIFICIAL TURF FIELD COSTING Synthetic Track $682,325 Artificial Field $802,050 SUBTOTAL $1,484,375 • Install perimeter drainage • Install draintile as per synthetic field manufacturer's specifications • Subgrade area to required elevation, add scoreboard • Fill with an approved cryogenically prepared rubber base • Install new synthetic surface made of polyethelyne Estimated Cost: $802,050<<? t' Canada Games Stadium Redevelopment Plan 11 �/ Ik.� ��� RENOVATE GRANDSTAND COSTING Synthetic Track $682,325 Artificial Field $802,050 Grandstand Reno $525,000 SUBTOTAL $2,0091375 • Relocate existing storage facility to new building • Repair seating and common passageways • Renovate for six changing rooms and shower facilities • Include referee rooms • Build a press box outfitted for N, voice and print media • Plan for canvas box seating areas • Add a canteen to the stadium • Equip with required kitchen equipment Estimated Cost: $525,000 Canada Games Stadium Redevelopment Plan 12 jl "MI I K EQUIPMENT STORAGE • Erect a free standing 150 sq.m building on a concrete base Estimated Cost: $75,000 Canada Games Stadium Redevelopment Plan 13 COSTING Synthetic Track $682,325 Artificial Field $802,050 Grandstand Reno $525,000 Equip Storage $ 75,000 SUBTOTAL $2,084,375 ;s, I)\'\111 ti K c , PARKING • Redevelop entrance into a parking lot • Create a welcoming entrance with signage and landscaping • Install appropriate substructure for drainage • Grade areas to desired elevations • Install curbing Canada Games Stadium Redevelopment Plan 14 COSTING Synthetic Track $682,325 Artificial Field $802,050 Grandstand Reno $525,000 Equip Storage $ 75,000 Parking $260,960 SUBTOTAL $2,345,335 • Place asphalt base and top coat • Paint lines for approximately 140 new parking stalls • Install all required signage • Landscape all disturbed areas, create sense of arrival Estimated Cost: $220,210 P„a K I���ita hNVILAY`J lh LIGHT TRACK COSTING Synthetic Track $682,325 Artificial Field $802,050 Grandstand Reno $525,000 Equip Storage $ 75,000 Parking $260,960 Light Track $250,000 SUBTOTAL $2,595,335 •Remove existing concrete light bases •Install new light bases and electrical service •Install new poles and adequate lighting to achieve 50- 60 ft.candles(4.65 to 5.58 lux) average with a max /min, not to exceed 1/2 . This will provide lighting to meet the standard for competitive play and television coverage Estimated Cost: $250,000 Canada Games Stadium Redevelopment Plan 15 Cd.tx, AFB III I N NEW NATURAL TURF FIELD *Clear and grub approximately 7,500 sq.m of existing forest *Grade area to desired elevation •Install substructure for drainage •Fill with appropriate sub base and base fill *Grade level pad for moveable bleachers *Cover with designed topsoil, 200mm minimum and seed with sports field seed mix •Install 25 metre by 2 metre javelin run with a f 12 th t' rf COSTING Synthetic Track $682,325 Artificial Field $802,050 Grandstand Reno $525,000 Equip Storage $ 75,000 Parking $260,960 Light Track $250,000 Natural Turf $468,550 SUBTOTAL $3,063,885 •Install 25 metre by 2 metre javelin run with a minimum of 12mm synthetic surface •Install ramps and walls to facilitate access between fields •Install 1.2 meter high fence around natural turf field •Install discus and shot put rings •Install irrigation system minimum o mm syn a is su ace Estimated Cost: $468,550 0"" I (i I \ Canada Games Stadium Redevelopment Plan 16 a= I %k.' G`l Ti.' LIGHT NATURAL TURF FIELD n Install new light bases and electrical service • Install new poles and adequate lighting to achieve 50 -60 ft.candles( 4.65 to 5.58 lux) average with a max /min not to exceed 1/2 . This will provide lighting to meet the standard for competitive play and television coverage. Estimated Cost: $200,000 Canada Games Stadium Redevelopment Plan 17 COSTING Synthetic Track $682,325 Artificial Field $802,050 Grandstand Reno $525,000 Equip Storage $ 75,000 Parking $260,960 Light Track $250,000 Natural Turf $468,550 Light Natural Turf $200,000 SUBTOTAL $3,263,885 lCHiM, All, PORTABLE BLEACHERS • Purchase portable, folding bleachers to accommodate 1000 spectators. (5 sets of 200 seats) Estimated Cost: $ 250,000 Canada Games Stadium Redevelopment Plan 18 COSTING Synthetic Track $682,325 Artificial Field $802,050 Grandstand Reno $525,000 Equip Storage $ 750000 Parking $260,960 Light Track $250,000 Natural Turf $468,550 Light Natural Turf $200,000 Portable Bleachers $250,000 SUBTOTAL $3,513,885 OVERALL Subtotal Contingency & Design Fees 25% TOTAL Canada Games stadium Redevelopment Plan $3,513,885 878 000 $4,391,885 OPERATIONAL ISSUES �;, j1 -1 \Ill K �l1Alyl I r! Canada Games Stadium Redevelopment Plan 20 �/ >K .l �T NfiM, WARRANTY LIFE CYCLE TYPICAL MAINTENANCE FACILITY OPERATION COSTS Running Track 5 years 12 -15 years Minimal Sweeping Synthetic Turf 8 years 10 -15 years $5,000 - Grooming Field Unlimited use $15,000 Line Painting *Lights per Field 25 years 25 years $20 -25 /hr or Bulb $10,000- Replacement $15,000/ year Natural Turf 1 year 10 years max. $20,000 - Aeration Field 10 -15 football $30,000 Fertilizer games /yr. Or Irrigation 10 -15 other Over - seeding sports events Mowing per week Line field *280 kwh /h of usage first 1300 kwh @ $0.13 /hwh /h, > 1300 kwh @ $0.07 /kwh per month �;, j1 -1 \Ill K �l1Alyl I r! Canada Games Stadium Redevelopment Plan 20 �/ >K .l �T NfiM, Prelinniniary Opinion of Call Phase A - L N M Track and Field t0ecarnller -06 unds Qtv Rate Espanded Synthetic Track Remove existing track surface and asphalt m2 6200.00 $6.00 $37,200.00 Fine grading and shim granular base m2 6800.00 $2.50 $17,000.00 Install new asphalt base coat Tonne 66500 $105.00 $69,825.00 Install new asphalt seal mat Tonne 83D.00 $110.00 $91,300.00 Install new track surface m2 6800.00 $55.00 $374,000.000 Events lump sum 1.00 $16.000.00 $16,01)0.00 Misc. sand pits, boards ect lump sum 1.00 $30,000.00 $30,000.00 Drama a line under track, misc lump sum 1.00 $25,000.00 $25,000.00 Line painting lump sum 100 522.000,00 $22,000.00 $682,326.00 Artificial Field Artificiat field and Cryogenic rubber m2 10000.00 $5000 $500,000.00 Laser Grading m2 10000.00 $5.40 $54000.00 Excavation m3 3000.00 $700 $21.000.00 Curbing Lm. 400.00 $50.00 $20.000.00 Geotexhle layer m2 10000.00 $3.50 $35,0013.00 Mul50ow and perimeter drain lump sum 1.00 $5,00.00 $50.00000 150mm 314" clear fill tonne 2250.00 $13.00 $29.25000 50mm 318 -114 clear fill tonne 800.00 $15.00 $12,00.00 50mm limestone tonne 900.00 $12.00 $10,800.00 Misc, site work IUM2 sum 1.00 $20.00000 520.000.00 Scoreboard lump sum 1.00 $30.00000 $30,0013.00 Removable goam and players benches lump sum 1.00 $20,000.00 $20,000.00 $802,050.00 Existing Grandstands Renovate existing Grandstands/bleachers, box seat ready lump sum 1.00 $175,000.00 $175rWD.00 Sounds stem media requirements lump sum 1.00 $50.000.00 $50,001.00 canteen and fit up lump sum 1.00 $100,000.00 $10,000.00 Renovate Interior- 6 change rooms and washrooms lump sum 100 $200,000,00 $200,000.00 canteen and fit up $525,000.00 Equipment Store a aulldling lump sum 100 $75,000.00 $75.000.00 Parlung lot and roads Grading m2 3500.00 $500 $17500.00 Install new asphalt base mat Tonne 41500 $105.00 $43,575.00 Install new asphalt seal coat I Tonne 1 350.00 $110.00 $38,500.00 Line Painting I'm 1 42000 $3.00 $1,260.00 Unlike QkV Rats nded Lm 33000 $8000 $19.800.00 Gnfdln m3 525. DD $2500 $13,125.00 Granular Base m3 360.00 $20.00 $7,200.00 Granular Suddase m3 2000.00 $15.00 $30003.00 Common fill lump 1.00 $20.000.00 $20,011.00 Landscaping Edges .sum lump 1.00 $10.000.00 $10,000.00 Si na a .sum lum 1.00 $60000.00 $60,000.00 Damage .sum $260,960.00 Li htin for Track Install new track li htin , replace light bases lump sum 100 $250,000.00 $250,000.00 Movable Bleachers ea 5.00 $50,000.00 $250,000.00 Seating for 1000 Natural Turf Beside Track m2 750000 $2.00 $15.000.00 Clearing and Grubbin m2 1563000 $2.00 $3000000 Gradin aanon and distribution controls lump sum 100 $30.000.00 $30,000.00 lump sum 1.00 $10.000.00 $10000.00 Waterline lump sum 1.00 515,000.00 $15,000.00 Electneal lump sum 100 $50,00000 $ ,iuwW Drain a lump sum 1.00 $5,011.00 $5,00000 Javelin run hamp sum 1.00 $20,000.00 $20DW -00 Scoreboard lump sum 1.00 $20,000.00 $20000.00 Goal Posts and players benches 100 $900.00 $900.00 Double vehicle gate ea 2.00 $450.00 $900.00 Person gate ea I 480.00 $45.00 $21,600.11 tenon . m2 1400.00 $1.50 $21,00000 Seetlin I m3 1550.00 825.00 $38.75000 Drainage Stone m3 4400.00 $1600 $70,400.00 Topsoil m3 8000.00 $15.00 $120,000.00 Common Fill 51881550.00 Licht Natural Turf Install new lighting for natural tulu lump sum 1.00 $200,000.00 $200,000.00 3,51J,885.00 Subtotal 678,000.00 25 %Dpr1IlO enc and Dasi n tees Update to Common Council August 2007 SPEM-UP L. Agenda Background _ Events Website -:- Promotional r Material Media Coverage Action Plan SPEM-UP L. Background The Cabinet arose as a recommendation of the Inclusive Cities Canada Project. The first recruitment event was held in late November 2005. The SJYC has a core of eight highly dedicated members who have been meeting regularly since its inception. The SJYC was recognized as Council's youth advisory committee in December 2006. The SJYC is a volunteer group open to youth aged 13 to 25. The Youth Cabinet has 2 Council Liaisons. The SJYC is in the process of changing hands from the Human Development Council to the City of Saint John's Leisure Services Department. 'PEAK UP L� SPEAK UP Events � Open House Federal Election Initiative `w TakinglTGlobal Open Forum 4 f ' PAN -CAN Youth Cabinet. 4 Conference Uptown Cleanup & Roundtable J And Many More -� _ SPEAK UP Med'ia o The SJYC has been featured in over 30 print, radio & TV news stories. �e' "Not Just Another At Rrj 04`4h C,ab , ��ti ,, COnferenee... ,v, senga e rnefsf ���� Le abtnet g hrenf e V 4h outh C S' � ���'� yeee ' y SQ,lfi ry c olden e f�0 es'�l' ��� ��04 Ce "Listen to the kids" ..n y °uth �, sdehe ouP rats g'' qh zIej, << Youth gr conference OP el, jh fonds for & VOOr R't f John Youth Cabinet Is Trying To "Making Greater Saint '17&11 "The Saint Jo John More Youth Young People To Cast Their Ballot" Convince g Friendly" SPEAK UP L i Summer 2007 Finalizing the transfer of coordinator duties from the HDC to Leisure Services (Kathy Belanger) to solidify the SJYC's relationship with the City. Fall 2007 Hold a recruitment drive to coincide with the beginning of the school year to attract a broad - based membership. ictinn Pt; Summer Fall 2007 0 2007 Finalizing the Hold a transfer of recruitment drive coordinator to coincide with duties from the beginning of the HDC to the school year to Leisure attract a broad - Services based (Kathy membership. Belanger) to solidify the Conduct a SJYC's survey -based relationship youth needs with the City. assessment in Saint John. Solidify the SJYC's structure (Terms of Reference) & elect an executive. ictinn Pt; Summer Fall 2007 0 2007 Finalizing the Hold a transfer of recruitment drive coordinator to coincide with duties from the beginning of the HDC to the school year to Leisure attract a broad - Services based (Kathy membership. Belanger) to solidify the Conduct a SJYC's survey -based relationship youth needs with the City. assessment in Saint John. Solidify the SJYC's structure (Terms of Reference) & elect an executive. invinn P Summer Fall 2007 0 2007 Finalizing the Hold a transfer of recruitment drive coordinator to coincide with duties from the beginning of the HDC to the school year to Leisure attract a broad - Services based (Kathy membership. Belanger) to solidify the Conduct a SJYC's survey -based relationship youth needs with the City. assessment in Saint John. Solidify the SJYC's structure (Terms of Reference) & elect an executive. Winter 2007 -08 Hold a strategic visioning session. invinn P Summer Fall 2007 0 2007 Finalizing the Hold a transfer of recruitment drive coordinator to coincide with duties from the beginning of the HDC to the school year to Leisure attract a broad - Services based (Kathy membership. Belanger) to solidify the Conduct a SJYC's survey -based relationship youth needs with the City. assessment in Saint John. Solidify the SJYC's structure (Terms of Reference) & elect an executive. Winter 2007 -08 Hold a strategic visioning session. Host a Saint John youth forum/SJYC AGM to engage local youth, address issues uncovered during the needs assessment, & increase awareness about the SJYC. i Summer 2007 Finalizing the transfer of coordinator duties from the HDC to Leisure Services (Kathy Belanger) to solidify the SJYC's relationship with the City. Fall 2007 Hold a recruitment drive to coincide with the beginning of the school year to attract a broad - based membership. Conduct a survey -based youth needs assessment in Saint John. Solidify the SJYC's structure (Terms of Reference) & elect an executive. Winter 2007 -08 Hold a strategic visioning session. Host a Saint John youth forum/SJYC AGM to engage local youth, address issues uncovered during the needs assessment, & increase awareness about the SJYC. Spring 2008 Conduct a campaign for the May 2008 municipal election to encourage youth 18+ to vote & all youth to become engaged in the municipal process. i Summer 2007 Finalizing the transfer of coordinator duties from the HDC to Leisure Services (Kathy Belanger) to solidify the SJYC's relationship with the City. Fall 2007 Hold a recruitment drive to coincide with the beginning of the school year to attract a broad - based membership. Conduct a survey -based youth needs assessment in Saint John. Solidify the SJYC's structure (Terms of Reference) & elect an executive. Winter 2007 -08 Hold a strategic visioning session. Host a Saint John youth forum/SJYC AGM to engage local youth, address issues uncovered during the needs assessment, & increase awareness about the SJYC. Spring 2008 Conduct a campaign for the May 2008 municipal election to encourage youth 18+ to vote & all youth to become engaged in the municipal process. Summer 2008 Continue to maintain a national presence by fundraising to send a delegation to the 2008 PAN - CAN Youth Cabinet Conference in Toronto. M i Summer 2007 Finalizing the transfer of coordinator duties from the HDC to Leisure Services (Kathy Belanger) to solidify the SJYC's relationship with the City. Fall 2007 Hold a recruitment drive to coincide with the beginning of the school year to attract a broad - based membership. Conduct a survey -based youth needs assessment in Saint John. Solidify the SJYC's structure (Terms of Reference) & elect an executive. Winter 2007 -08 Hold a strategic visioning session. Host a Saint John youth forum/SJYC AGM to engage local youth, address issues uncovered during the needs assessment, & increase awareness about the SJYC. Spring 2008 Conduct a campaign for the May 2008 municipal election to encourage youth 18+ to vote & all youth to become engaged in the municipal process. Summer 2008 Continue to maintain a national presence by fundraising to send a delegation to the 2008 PAN - CAN Youth Cabinet Conference in Toronto. Submit an annual report to Common Council. Thank you for this opportunity! SPEAK up Application for a Zoning By -law Amendment Demande de modification i PsirrW sur le zonage Applicant Related Information / Reaseignements sur It demandeur Ns= of Appli w, Nom du demandem 'tog - e.J 75 f 10 Home/Domicile i . 6 gv3o • 1 M , I r4 n iM tiP , 11 , , \ x .. 11 CZA Add = / A&esse 1-5 SC OW14 "C u) Pf. 0 Property Information / Reaseignewents sur la proprifti I r �.,, , de voirie Street / V 1. hi J , , ,�m�lH f3 benroom5 ccD/V a)QLOOJ ant f*.nl *+ce _fAe Torn claul07 IF I W6, A NeW !0 ReD oovin IoA LoNj'0 You must provide a scaled site plan that illustrates Vous devez fournir an plan du site d 1 "ichelle illustrant vol your proposal You may also provide proposition. Vouspoum' Oalemeitffburnjr des photographs, building plans elevation drawings photographies, des plans # bdtiment, des dessins de plan and any other form of information The plan must dINvation et toute autre orme de renseignemenL Le plan show the dimensions of the property, the location doit indiquer les dimensions de la propritti, !'emplacement de *fall buildins, driveways, parting areas, la toW O des btkiments, des antes des sires de lmidsraping and signs. It is important t hat the stationnemet:4 des mninagemems paysogers et des panneaur distance between the property boundary and de signahsation 11 est important d'indiquer to distance entre buildings are shown. les !!mites de la propriitt et les bdtiments. Provide reasons why these amendments should be approved. f Foumir tart autre tenseiguemem comoetaaot vane proposition qui pourraii We appmuvi 0 un -CF!f� 11'..1 i LI lf)om are not the owner of the land in question please have the owner sign below. The signature of the owner is authorizing this application to proceed for consideration by Common Council a1I ,, D. 7 SY vous n'ttes pas le veutllez obtenir la m ci<Jessous. La signs traitement de la prf, sow m w4taire du terrain en question, tyre du proprikaure dons la partie du proprtttaire autorismnt le demande pour que cette derniire sail communal. E40 c 3r7 LA pipe I 1 1 7 �iGprn D i ( r� L 1 ti i. c l H �5 iT �kh 1 0 9a n� v i0 g 2v 1N r H 'J 'aND FN i r r o 3' .5.0. =28 "x63" , 1 x to to 1 � �1 3V ' a 1 rX I'^� �tT'f s � � 0 1 N CIL i R.S.O. = 55" x 51-10 22 PAN 'a I D 1, R.S.O. = 55" x 38" co I < m ! � Ml i Rl..5.0. a 55" x 38"] GL' i O 9'11 "—�- �n J v � io ti I� `m 3 Fe 4 x u � o I m co m o� �o i OD n x IIPI Ridge Vents I I i f Bs.saut Flea I Fael:g Lin. I A _ _____ _________ REAR ELEVATION Nam Pin Mm wall And Footing To Existing, gy Drilling d' Oaep Wabu 7x "r Existing Wdld Footing On Soh Angle. Lrat 5AP 0 Reba 16• 14 Sacaa Rabor To Exist. WWI M Us:y \ 2 Parf EPOxy. 14 g�\ Exist. wai t(r Exist. Footiw�' i New O TV :CID i it it I RIGHT ELEVATION 6. LOWE A J. McCARTHY ----------------- - Addlfion °i� 7/0� R.B.SH�HARD it I RIGHT ELEVATION 6. LOWE A J. McCARTHY Loch Lomond Rd Saint John N.B. 1' =4' -0" � Addlfion °i� 7/0� R.B.SH�HARD DQSTIN6 BU=D* it I RIGHT ELEVATION 6. LOWE A J. McCARTHY Loch Lomond Rd Saint John N.B. 1' =4' -0" � Addlfion °i� 7/0� R.B.SH�HARD i o O SSW WE I s c T3 u ° $ L N lf1 r V ° � d 6 � � rp � too y O df� S N O~vL- N N y tl w gy 1, a , _I1iv Y1. a i 1 ,a PROPOSED ZONING BY -LAW AMENDMENT RE: 237 LOCH LOMOND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, August 27, 2007 at 7:00 p.m., by: Rezoning a parcel of land located at 237 Loch Lomond Road, having an area of approximately 680 square metres, also identified as PD) No. 00314575, from "R -2" One and Two Family Residential and "RM -1" Three Storey Multiple Residential to "RM -1" Three Storey Multiple Residential. PROJET D11 MODIFICATION DE L'ARR]ftt SUR LE ZONAGE OBJET: 237, CHEMIN LOCH LOMOND Avis public est donnd, par la pr6sente, que le conseil communal de The City of Saint John a Fintention d 6tudier la modification suivante de Parr @t6 sur le zonage de The City of Saint John, au cours de Is rilumon ordinaire du conseil pr6vue le lundi 27 aout 2007 A 19 h dans la salle du conseil: Rezonage d'c approximativ chemin Loc 00314575, d unifamiliales d'6difices A «RM -1» A z ne parcelle de terrain d'une superficie de 680 metres carr6s, situde au 237, h Lomond, et identifiee a NID e zone r6sidentielle — habitations et bifamiliales <<R -2» et zone logements multiples de trois 6tages ane d16difices i logements multiples de trois dtae6s <<RM -1 »1 REASON FOR CHANGE: RAISON DE LA MODIFICATION: To permit the construction of a three - family Permettre 1 construction d'un logement th- dwelling. familial. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 Toute person de modificati au bureau d< Fhetel de vil N. -B., entre i sauflesjours ne int6ress6e peut examiner le projet an au bureau du greffier communal ou 1'urbanisme et du d6veloppement A le an 15, Market Square, Saint John, h 30 et 16 h 30 du lundi au vendredi, f6rids. Veuillez fair parvenir vos objections au projet de modification l par 6crit A 1'attention du soussign6 A 1'h6tel de vide. J. Patrick Wc}Ods, Greffrer communal 658 -2862 PROPOSED ZONING BY -LAW RE: 237 LOCH LOMOND Public Notice is hereby given that the Common Council of The amending The City of Saint John Zoning By -law at its regular mei on Monday, August 27, 2007 at 7:00 p.m., by: of Saint John intends to consider to be held in the Council Chamber Rezoning a parcel of land located at 237 Loch Lomond Road, havian area of approximately 680 square metres, also identified as PID No. 00314575, from "R -2" One an Two Family Residential and "RM- 1" Three Storey Multiple Residential to "RM -1" Three Storey Multiple Residential. REASON FOR CHANGE: To permit the construction of a three-family dwelling. The proposed amendment may be inspected by any interested or in the office of Planning and Development, City Hall, 15 M hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, incl Written objections to the amendment may be sent to the J. Patrick Woods, Common Clerk 658 -2862 n at the office of the Common Clerk, Square, Saint John, N.B, between the holidays excepted. at City Hall. PROJET DE MODIFICATION DE VARRETE SUR LE ZONAGE OBJET: 237 CHEMIN LOCH Avis public est donn6, par la pr6sente, que le conseil communal The City of Saint John a l'intention d'6tudier la modification suivante de Farr&6 sur le zonage de Id City of Saint John, au cours de la r6union ordinaire du conseil pr6vue le lundi 27 rout 2007 A 19 h s la salle du conseil: Rezonage d'une parcelle de terrain d'une superficie approxia chemin Loch Lomond, et identifiee a NID 00314575, de zone et bifamiliales <<R -2» et zone d16difices it logements mu d16diflees it logements multiples de trois 6tages <<RM -1 >>. RAISON DE LA MODIFICATION: Permettre la construction d'un logement trois - familiales. Toute personne int6ress6e peut examiner le projet de modification bureau de Furbanisme et du d6veloppement 6 l'h6tel de ville au entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours f6ri6s. Veuillez faire parvenu vos objections au projet de modification 116tel de ville. J. Patrick Woods, Greffier communal 658 -2862 de 680 m6tres catr6s, situ6e au 237 entielle — habitations unifamiliales de trois 6tages <<RM -1» 9 zone bureau du greffier communal ou au Market Square, Saint John, N. -B., 6crit 6 Fattention du soussign6 6 City of Saint John INTERNAL INSERTIO ORDER Special Instructions (if any): Newspaper (Check as applicable) (SJTJ= Saint John Telegraph ournal) SJTJ City Information Ad Date(s): Tuesday, Ju y 31, 2007 Tuesday. st 21, 2007 SJTJ Independent Placement Date(s): " SJTJ Classifieds Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tend kr ❑ Proposal IN Public Notice Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier connnunal Contact: Telephone (506) 658=2862 eutb coomog owe I Contact: I PIMA Woo& Pbone: (506) 658 -2862 Fax: (506 674 -4214 Special Instructions (if any): Newspaper (Check as applicable) (SJTJ= Saint John Telegraph ournal) SJTJ City Information Ad Date(s): Tuesday, Ju y 31, 2007 Tuesday. st 21, 2007 SJTJ Independent Placement Date(s): " SJTJ Classifieds Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tend kr ❑ Proposal IN Public Notice Sub - Headline if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier connnunal Contact: Telephone (506) 658=2862 BY -LAW NUMBER CP. 110- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN ARRkTt No C.P. 110- ARRATt MODIFIANT L'ARRET)t SUR LE Z NAGE DE THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors d'une r6union du Conseil John in Common Council convened, as communal, The City of Saint John a follows: d6cr&6 ce oui suit: The Zoning By -law of The City of L' 6 Sur le zonage de The City Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: of Saint Jo d6cembre 20 d6cret6 le dix -neuf 5, est modife8 par: (19) 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re-zoning a parcel of land located at 237 Loch Lomond Road, having an area of approximately 680 square metres, also identified as PID number 00314575, from "R -2" One and Two Family Residential and "RM -1" Three Storey Multiple Residential to "RM -1" Three Storey Multiple Residential 1 La modification de ]'annexe «A», Plan de zonage de The City of Saint John, permettant dc modifier la d6signation pour une parcelle de terrain d'une superficie approximative de 680 metres carr6s, situ6e au 237, the in Loch Lomond, et identifi6e a NU) 0031 575, de zone rdsidentielle — habitations ifamiliales et bifamiliales ((R -2)) et iDne d'6difices a logements multiples de trois 6tages uRM -I» it zone zone d'ddifices A logements multiples de trois 6tages < RM -1» - all as shown on the plan attached hereto - toutes les modifications sont indiqu6es sur and forming part of this by -law. le plan ci jo' t et font partie du present arr@t6. IN WITNESS WHEREOF The City of EN FOI DE UOI, The City of Saint John Saint John has caused the Corporate a fait apposer son sceau communal sur le Common Seal of the said City to be affixed present arr2 a le 2007s to this by -law the * day of *, A.D. 2007 avec les sigm ttures suivantes and signed by: Mayor/Maire Common Clerk/Greffier First Reading - Premiere I Second Reading - Deuxieme Third Reading - Troisieme August 22, 2007 Your Worship and Councillors: SUBJECT: 237 Loch Lomond Road - Rezoning and Variance Application On July 30, 2007 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its August 21, 2007 meeting. Mr. Gerald Lowe appeared to speak on behalf of the application and stated that he was in agreement with the staff recommendation as set out in the attached report. No one appeared to speak in opposition to the application and no letters were received. The Committee adopted the recommendation to Common Council as set out below and also approved the requested variances as detailed in the attached report. RECOMMENDATION: 1. That Common Council rezone a parcel of land located at 237 Loch Lomond Road, also identified as PID Number 00314575, having an area of approximately 680 square metres, from "R -2" One and Two Family Residential and "RM -1" Three Storey Multiple Residential to "RM -1" Three Storey Multiple Residential. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 07 -300 DATE: AUGUST 17, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF AUGUST 21, 2007 Sarah Herring, MCIP Planner SUBJECT: Name of Applicant: 629501 N.B. Ltd. Name of Owner: James McCarthy and Gerald Lowe Location: 237 Loch Lomond Road PID: 00314575 Municipal Plan: Low Density Residential Zoning: Existing: "R -2" One and Two Family Residential and "RM -1 " Three Storey Multiple Residential Proposed: "RM -1" Three Storey Multiple Residential Proposal: To construct an addition to an existing vacant dwelling to create a three - family dwelling. Type of Application: Rezoning and Variances to: a) reduce the minimum required lot area for a three - family dwelling from 690 square metres to approximately 680 square metres; and 629501 N.B. Ltd 237 Loch Lomond Road JURISDICTION OF COMMITTEE: Page 2 August 17, 2007 b) reduce the minimum required rear yard from 7.5 metres to approximately 2 metres for the existing building. The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, August 27, 2007. The Community Planning Act also authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By -law. Conditions can be imposed by the Committee. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land located at 237 Loch Lomond Road, also identified as PID Number 00314575, having an area of approximately 680 square metres from "R -2" One and Two Family Residential and "RM -1" Three Storey Multiple Residential to "RM -1" Three Storey Multiple Residential. 2. That the Planning Advisory Committee reduce the minimum required lot area from 690 square metres to approximately 680 square metres to permit a multiple dwelling with three dwelling units, on condition that the use of the property is limited to a maximum of three dwelling units having a total of 11 bedrooms. 3. That the Planning Advisory Committee reduce the minimum required rear yard from 7.5 metres to approximately 2 metres for the existing building. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the proposed rezoning and variance application. Building and Technical Services has advised that the new structure must be constructed to current Code standards. The existing building may require upgrading to meet fire separation and other standards. 629501 N.B. Ltd Page 3 237 Loch Lomond Road August 17, 2007 Fire Department has no objection to this application; however, the applicant is reminded that construction shall conform to the National Building and Fire Codes and that detailed plans will have to be submitted to the Technical and Inspection Services Division of the Department of Public Safety for the Province of New Brunswick. As well, the front section with six (6) bedrooms is required to have a fire alarm system as per National Building Code Sections 3.2.4.1(i) Determination for requirement for a fire alarm system and Section 9.9.1.3(2) Occupant Load. ANALYSIS: The subject site is located between Saint Anne Street and Linda Court on Loch Lomond Road in East Saint John. The surrounding neighbourhood contains a mixture of residential uses in the "R -2" One and Two Family Residential, "R -4" Four Family Residential and "RM -1" Three Storey Multiple Residential zones. As well, the Loch Lomond Mall and a large vacant parcel of land owned by Irving Oil Ltd. are located on the opposite side of Loch Lomond Road from the subject site. The subject site is approximately 680 square metres (7,319.5 square feet) in area and has approximately 24 metres (78.7 feet) of frontage on Loch Lomond Road. It currently contains a vacant two - family dwelling, although it previously contained a non - conforming three - family dwelling. The front portion of the building containing the third dwelling unit was removed by the applicant due to its dilapidated condition. The subject site is currently "split- zoned" with the western portion of the property located in the "R- 2" One and Two Family Residential zone and the eastern portion located in the "RM -1" Three Storey Multiple Residential zone. The applicant is proposing to construct an addition to the front of the existing two - family dwelling to function as a third dwelling unit. As the "R -2" One and Two Family Residential zone permits only a maximum of two dwelling units, this proposal requires that the entire property be placed in the "RM -1" Three Storey Multiple Residential zone. A variance is required to reduce the minimum lot area for the proposed three - family dwelling from 690 square metres (7,427.1 square feet) to approximately 680 square metres (7,319.5 square feet). The applicant has also requested a variance to recognize the location of the existing building, approximately 2 metres (6.6 feet) from the rear property line. Given that the surrounding neighbourhood contains a number of multiple - family dwellings, and that the subject site was formerly used as a three - family dwelling, the proposed rezoning can be considered appropriate. As well, the site and elevation plans submitted by the applicant give the appearance of a single - family dwelling from the street. The lot area variance being requested is very minor, and the lot appears to have sufficient room to accommodate the proposed addition, the required four parking spaces and ample amenity space. The site plan submitted by the applicant will need to be slightly altered; however, as it indicates one parking space having direct access from Loch Lomond Road. This is not permitted, and the parking space will need to be relocated to have access from the driveway only. 629501 N.B. Ltd 237 Loch Lomond Road CONCLUSION: Page 4 August 17, 2007 The proposed rezoning and use of the property as a three - family dwelling is appropriate and will not be out of context with the surrounding neighbourhood. The variances being requested to reduce the minimum required lot area and to recognize the existing reduced rear yard can also be supported. SKH Project No. 07 -300 w or U 4 r O O r i ':712.1 1737 VU"JST'1YSTS71, ' - _ f K >�:��aJt_x]C:A.7:li::x � � �I K �K K ; K X a K 1K Y K C K �K C 1 > > x � ; cj jK � Y I r < K { l6.40' v emu@* i s i i ��cM LOMOND PLAN t f 1 s I 0 w R OA hill 6, 1.Ow "ZO C ��. ART LO 11h LO"lond RSGimtToh, N.B. CALf� 1a _ 104 77 l, Addition 42L 07/07 n I 4t Ridge Vents Aniho Irving - _ Ceiling Lint CD F -- Lill Main Floor? . Ceiling LinF — — - D" 0 j i a Bmemmnt Floor = — — j Footing Line i REAR f�iL1:l��1 KI Vents r Footing Line Pin New Wall And Footing To Existing, By Drilling 6 Deep Holes U _10" Existing Wall & Footing On Slite Angle, Insert 5/8" 0 Rebar 16" Long `, �` 14" ce Secure Rebar To Exist. Wall By Using � \ New W 2 Part Epoxy. — \ J 14" Exist. Wol J 10" ' Exist. Footifflj� Concrete Wall Ncw Footing oint Detail 6. LOWE J. MCCARTHY Loch Lomond Rd Saint John N.B. 1" = 4' -0" Addition ' R. 8 R —' � - 0 o SHEPHA 7/07 _� f �« ! . 1�I I �—t it s i LL�U l�tl I _ — — -- Liilli IL it s i LL�U l�tl it s it nl LL�U l�tl - RIGHT ELEVATION 6. LOWE do J. McCARTHY Loch Lomond Rd Saint John N.B. 1" = 4 -0 Addition ' 07/07 R .B.SHEPHARD i a i Application for a Zoning By -law As iendment Applicant Related Information / Restselsm emcnts sur le deamdenr Name of Appb= / Nom du demanddtr rip o plt ��;� .s• �/ MdUag Address of applicam / Addrem posWc du d Pmandew ' e •" i �% Postal Cade / Code postal J SAC Sl Telephone Numba7 Numdra de wdpAae e7 AFV Home / Domicile y - % % 9 Work / Travail Fax NUMW / Num&o de WWcopieur Name of PropcM Owna (if different) / Nom do pq fLftairc (si diffErem) hr Addross / Adresst Postal Code /Code postal Property Informatioo / Rea ements a tr In re AitE Ss/5874a j/ 8° P P/ .SSSG rs7/e 5"s i� 7s' LOC�tn / Emplacemep( /�fa� f Cc, I le r es 577e +� Civic N / No de ' 'e Sues / Rue PID !NIP Lool Am! Supaficie du lot 3fAIc '= vw Frontage / Fasade sur rut O _j�. Existing Use of Property I Utilisation actueue de Is pq oprwi Municipal Play land Use Desipadon Dfsignslion de ndlizatioo des ten sw1cp1mmulfKipal ,rte c Amendment Requested / Modification dt d& Pm= Zoning / Zonate actuol S a. —�ck �' S Ctange Zoning to / Modification du nonage I *2_ and/or I ou 0 Text Amendmmt (iudicne Particulars) / Mo lificati o due teau (inkua: Ics derails) L0/46 39tld d013AM CNtl ONTNNVlW L CF:FL IAA7 /FA //A Development Proposal if Proposition d'amiaagement on de Is proposition .B --cam.% �[,,.1 , '><�� c2�a.- �•ez --- You Must provide a scaled site plan that illustrates Vous &wzfournir un plan dk site b !'tchefle illustrant vote your proposal Yon may also provide proposition. Vowpouvez tgalemenr fournir des phOlOV phs, building plan; ekvation drawings phoeographies, des plans de bdrimenG des dessins de plan andartyotherformofinformadan ,`77teplanmust " dU vadonerrouteautreformedemnsefgnemenLL eplan show the dimnsfons of die property, the location dolt indiquer Its dime rions de to propfild. !'emplacement de of all buildings, dm sways, parking areas. la toraliM des Unimenta, des alkes, des aires de landscaping and signs. If is important that the stadannement des amEnogernents paysogem et despanneara distance between the property boundary and de signalisadon, tl est important d' ndiquer to distance entre buildings are shown. les limites de la propriki d Its bddments. Provide reasons why these amearbmeats should be approved / Fouenir tout auue smseigoemeffi contra m voce proposition qw pourrah titre approuvbes. 1Cn .r � v �% •�c3�.� � . ,Y�- -- -�- t�� Tom' lt.� °�o Provide any other information about your proposal that woWdbe helpU / Fottrnit Ian awc: raaadgrtemmt coocc naot varm pmposiuon 9ui pourian but wA, Sigetan, of Applicam / Sigpann du demaodeur Date 5400 Application Fee Enclosed / Ci joie les i5ais de dematde de 400 S /ryou are not the owner ofthe land in question Si vous allies pus It pritfair* du terrain en question, please hove the owner sign below. The signarure of veuftfa obirntr la /f re dm proprgraire daps la parlie the owner is authorizing this applicadoq to proceed ci-& La signagve •itoire aufarisant It for wnsideradon by Common Council mensde toMsen de de pour que prpe dernfire ' into par anMUraam! Sigtahue of Owner (kf applicable) � Sigrmure due proprWaai" (eil y a lieu) Date: d}P' L0 /S6 30Vd d0-13A3a QNV 9NINNVId Z SE:Ei L00Z /E8 /L0 PROPOSED ZONING BY -LAW AMENDMENT RE: 436 SUMMIT DRIVE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, August 27, 2007 at 7:00 p.m., by: Rezoning parcels of land located at 436 Summit Drive, having an area of approximately 10 hectares, also identified as being PID Nos. 55167597, 551587605 55167571 & 55167589, from "RS -2" One and Two Family Suburban Residential & "RS -1" One and Two Family Suburban Residential to "R -2" One and Two Family Residential, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To rezone the subject lands in order to better facilitate the development of an urban residential subdivision. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 436, PROMENADE SUMMIT Avis public est donne, par la pr6sente, que le conseil communal de The City of Saint John a Fintention d'6tudier la modification suivante de Parr &6 sur le zonage de The City of Saint John, au cours de la reunion ordinaire du conseil prevue le lundi 27 aout 2007 a 19 h dans la salle du conseil: Le rezonage dune parcelle de terrain situ6e au 436, promenade Summit, d'une superficie d'environ 10 hectares et portant les NID 55167597, 551587609 55167571 et 55167589, de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» et zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS -1» a zone r6sidentielle — habitations unifamiliales et bifamiliales <<R -2», comme l'indique la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Rezoner le terrain en question de sorte a faciliter Fam6nagement d'une subdivision r6sidentielle urbaine. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de Furbanisme et du d6veloppement a 1'h6tel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feri6s. Veuillez faire parvenir vos objections au projet de modification par 6crit a Pattention du soussign6 a 116tel de ville. J. Patrick Woods, Greffier communal 658 -2862 �\ � �� -��� � . Z E -� PROPOSED ZONING BY -LAW AMENDMENT RE: 436 SUMMIT DRIVE Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, August 27, 2007 at 7:00 p.m., by: Rezoning parcels of land located at 436 Summit Drive, having an area of approximately 10 hectares, also identified as being PID Nos. 55167597, 55158760, 55167571 & 55167589, from "RS -2" One and Two Family Suburban Residential & "RS-111 One and Two Family Suburban Residential to "R -2" One and Two Family Residential, as illustrated below. (INSERT MAP) REASON FOR CHANGE: To rezone the subject lands in order to better facilitate the development of an urban residential subdivision. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 436, PROMENADE SUMMIT Avis public est donne, par la presente, que le conseil communal de The City of Saint John a Fintention d'etudier la modification suivante de Parr&& sur le zonage de The City of Saint John, au cours de la reunion ordinaire du conseil prevue le lundi 23 avid 2007 a 19 h dans la salle du conseil: Rezonage dune parcelle de terrain situee au 436, promenade Summit, dune superficie d'environ 10 hectares et portant les NID 55167597, 55158760, 55167571, 55167589, de zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2» et zone residentielle de banlieue — habitations unifamiliales et bifamiliales <<RS -I>> a zone residentielle — habitations unifamiliales et bifamiliales <<R -2», comme 1'indique la carte ci- dessous. (INSERER LA CARTE) RAISON DE LA MODIFICATION: Rezoner le terrain en question de sorte a faciliter 1'amenagement d'une subdivision residentielle urbaine. Toute personne interessee pent examiner le projet de modification an bureau du greffier communal ou au bureau de Purbanisme et du developpement a 1'h6tel de ville an 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire parvenir vos objections an projet de modification par 6crit a Pattention du soussign6 A Ph6te1 de ville. J. Patrick Woods, Greffier communal 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only; Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: 506 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad " SJTJ Independent Placement " SJTJ Classifieds Date(s): Tuesday, July 31, 2007 Tuesday, August 21, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Text: INSERT © Call to Action: J. Patrick Woods, Common Public Notice Contact: Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning parcels of land located at 436 Summit Drive, having an area of approximately 10 hectares, also identified as being PID Nos. 55167597, 55158760, 55167571 & 55167589, from "RS -2" One and Two Family Suburban Residential & "RS -1" One and Two Family Suburban Residential to "R -2" One and Two Family Residential - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2007 and signed by: Mayor/Maire ARRETE No C.P. 110 - ARRETE MODIFIANT VARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une reunion du conseil communal, The City of Saint John a decr&6 ce qui suit: L'arretd sur le zonage de The City of Saint John, d6crete le dix -neuf (19) d6cembre 2005, est modifte par: 1 La modification de ]'annexe <<A », Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain situee an 436, promenade Summit, dune superficie d'environ 10 hectares et portant les NID 55167597, 55158760, 55167571 et 55167589, de zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales «RS -2>> et zone r6sidentielle de banlieue — habitations unifamiliales et bifamiliales «RS -1>> a zone r6sidentielle — habitations unifamiliales et bifamiliales <<R -2» - toutes les modifications sont indiqu6es sur le plan ci joint et font partie du pr6sent arr6t6. IN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arrdte le 20075 avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premi6re lecture Second Reading - Deuxi6rne lecture Third Reading - Troisi6me lecture (� 428 Summit Drive I d Saint John, N.B. X41 ° ED 3Y8 August 23, 2007 Mayor & Common Council CIO Common Clerk City of Saint John P.O. Box 1971 Saint John, N.B. E2L 4L1 Subject: Proposed Rezoning 436 Summit Drive North Star Holdings Ltd. At its regularly scheduled meeting of Tuesday August 21, 2007, the Planning Advisory Committee of the City of Saint John approved a request by the above named developer to rezone the properties encompassed in "436 Summit Dr" from RS and RS2 to R2. Previously PAC and Common Council had considered and accepted this developers subdivision plan for the named property. During that process one of the neighbouring property owners raised a concern about water problems that have developed on Summit Drive as a result of the clear cutting that took place on the named property during the spring and summer of 2006. As well in the appropriate section of the Planning Department's report to PAC and again to Council it was stated that a study and plan for the handling of water in this area be completed by the developer and approved by the City's Chief Engineer before construction commenced. We are writing not to object to the applicant's request for a change in the zoning of the subject properties, but to add our voice to two previous concerns raised. Clearly water and more specifically drainage is a major concern to the neighbouring property owners and the City of Saint John. It is of special interest to us given the amount of time and money we have invested in our property and the ongoing problems with drainage that we have had since constructing our home in 1976. We are the original property owners, and builders through the NB Housing Co -op program of the early 70's. The previous land owner became the site developer and was responsible to survey the elevations and to dig holes for the foundations. While under construction, our house which sits on a plateau, ie Summit Drive, of a steep mountainous area, sustained damage from flooding. A sudden thaw in February 1976 coupled with a heavy rainfall caused 4 feet of water to flood the unfinished basement of a then partially constructed house. Efforts to drain the water failed and as a result it froze the next day as temperatures returned to seasonable levels. This freezing caused cracks to appear in the foundation but did not affect its structural integrity and therefore did not require demolition. Page Two Construction continued and in the spring the ice melted and the water gradually disappeared. When the time came to connect the house to the City services provided, ie water, sewer and storm drain, it became immediately clear that there was a problem, 428 Summit Drive could not be connected. If connected both the sewer and storm drains would run backwards, ie; up hill from the house to the street. When approached about this problem the developer blamed the City for setting the services and roadway too high and the City blamed the developer for setting the foundations too low. Neither offered any advice or assistance. We were also unaware at the time that other houses on the street suffered the same fate. Being unable to afford the cost of legal action we were forced to deal with the problem the best way we could. We removed a piece of the foundation's footing course in order to hook up the sewerage but we had to leave the drain tile around the foundation unconnected. Regardless of fault and in addition to the problems with connections we later learned some valuable lessons about street run -off when the road is higher than the driveway. Hydrant flushing up the street or sudden torrential down pours of rain will flood and wash away the end of our driveway. Over the course of the past 31 years we have endured a damp, moldy basement, periodic flooding, and the cost necessary to install and maintain a sump pump. Recently we excavated a 6 foot deep trench across the entire rear of our property and from the rear of the property to the City's storm drainage system that goes by the front of the house. The cost to us for this work was in excess of $3,000.00. This last effort was done in the spring of 2005 and showed a marked improvement in the basement environment so much so that we were actually in the process of renovating this area by installing a floor and walls for a laundry room. Then North Star moved in and during the summer of 2006, clear cut the entire side of the mountain, directly behind our properties. With no trees left to absorb the water from periodic heavy rains or from winter run off, the $3,000.00 drain could no longer keep the basement of 428 Summit Drive reasonably dry. It is critical that any development on the side of the mountain directly behind the houses on Summit Drive be done in such a fashion as to give very definite consideration for the collection, handling and disposal of not only surface but sub surface water. Failure to correctly and effectively address these concerns will in no uncertain terms lead to the devaluation and eventual destruction of not only the properties identified but also, I believe the properties directly across the street. Page Three The homes on the opposite side of Summit Drive are situated on the edge of the plateau that over looks Riley Drive, which is located at the base of this mountain. Since their construction in 1976 some of the properties on that side of Summit Drive have grown smaller as a direct result of the erosion of their back yards. The situation is bad enough that one home owner on Riley Drive has had to incur the cost to install a substantial gabion and concrete retaining wall at the rear of his property in order to stop the hill side below Summit Drive from washing into and overtaking his back yard and house. While the bank between the rear of the houses on Summit Drive and those at the base of the hill on Riley Drive has remained fairly stable for the past 31 years, erosion has occurred, and while the pace has been slow, now that the side of the mountain has been clear cut and run off is allowed to flow unchecked, I believe the bank between the homes on Summit Drive and Riley Drive is in jeopardy of becoming more unstable. Once again this is cause to express concern and add emphasis to the previous recommendation that a plan be developed and implemented for the collection, handling and disposal of surface and subsurface water in this area. No construction should be commenced without a plan approved by the Chief City Engineer. While we do not object to the development of this land, nor do we object to the request for rezoning we do feel it necessary to respectfully request that Common Council either; 1) table approval of this request until such time as a water plan, as described, has been developed, submitted and approved by the City's Chief Engineer, or 2) approve the rezoning application on condition that no construction commence until a water plan, as described, has been developed, submitted and approved by the City's Chief Engineer. If done correctly this development could be a blessing, from a water perspective, of our home, and possibly some of the other properties on Summit and Riley Drives, however if not done correctly the damages caused to our property and the neighbouring properties could be significant, costly and possibly irreparable, espectfully; ti David and o Logan 428 Summit Drive Saint John, N.B. E2J 3Y8 August 24, 2007 Your Worship and Councillors: SUBJECT: Proposed Rezoning 436 Summit Drive On July 30, 2007 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its August 21, 2007 meeting. The Developer (Bob Darling) appeared before the Committee in support of the application and staff recommendation. There were no other presentations made at the meeting concerning this matter, but there were three letters received from area residents (see attachments). The Committee resolved to adopt the staff recommendation, which is set -out below for your convenience. RECOMMENDATION: 1. That Common Council rezone parcels of land located at 436 Summit Drive, having an area of approximately 10 hectares (25 acres), also identified as being PID Nos. 55167597, 55158760, 55167571 & 55167589, from "RS -2" One and Two Family Suburban Residential & "RS -1" One and Two Family Suburban Residential to "R -2" One and Two Family Residential. 2. That, pursuant to Section 39 of the Community Planning Act, the development of a residential subdivision on the parcels of land at 436 Summit Drive, having an area of approximately 10 hectares (25 acres), also identified as being PID Nos. 55167597, 55158760, 55167571 & 55167589, be subject to the condition that the construction of semi- detached buildings is prohibited. Respectfully submitted, Stephen Cronk Vice - Chairman MRO Attachments DATE: AUGUST 17, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF AUGUST 21, 2007 Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: North Star Holdings Ltd. Name of Owner: North Star Holdings Ltd. Location: 436 Summit Drive PID: 55167597, 55158760, 55167571 & 55167589 Municipal Plan: Low Density Residential Zoning: Existing: "RS -2" One and Two Family Suburban Residential & "RS -1" One and Two Family Suburban Residential Proposed: "R -2" One and Two Family Residential Proposal: To rezone undeveloped lands in order to better facilitate the development of an urban residential subdivision. Type of Application: Rezoning North Star Holdings Ltd. Page 2 436 Summit Drive August 17, 2007 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, August 27, 2007. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone parcels of land located at 436 Summit Drive, having an area of approximately 10 hectares (25 acres), also identified as being PID Nos. 55167597, 55158760, 55167571 & 55167589, from "RS -2" One and Two Family Suburban Residential & "RS -1" One and Two Family Suburban Residential to "R -2" One and Two Family Residential. 2. That, pursuant to Section 39 of the Community Planning Act, the development of a residential subdivision on the parcels of land at 436 Summit Drive, having an area of approximately 10 hectares (25 acres), also identified as being PID Nos. 55167597, 55158760, 55167571 & 55167589, be subject to the condition that the construction of semi- detached buildings is prohibited. BACKGROUND: On July 10, 2007 the Planning Advisory Committee favourably considered a subdivision application from North Star Holdings Ltd. involving a portion of the subject area now involved in this rezoning application (see attached tentatively - approved Lakewood Heights Subdivision plan). At that time the Committee also granted a width variance for proposed Lot 07 -1 and approved the new street name "Dolly Drive." On July 16, 2007 Common Council assented to the proposed subdivision development. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has no objection to the requested rezoning. Building and Technical Services has no concerns with regards to this proposal. ANALYSIS: North Star Holdings Ltd. Page 3 436 Summit Drive August 17, 2007 In July 2007 the City favourably considered the attached tentative subdivision plan (Lakewood Heights Subdivision). The initial phase of the subdivision could satisfy all the applicable Zoning and Subdivision By -law requirements (except for the width of proposed Lot 07 -1 which received a variance by the Planning Advisory Committee). The Developer, North Star Holdings Ltd. (Bob Darling), has now submitted a rezoning application all his landholdings in the area (see attached location map). This application involves the consideration of rezoning the subject lands from "RS -2" One and Two Family Suburban Residential & "RS -1" One and Two Family Suburban Residential to "R -2" One and Two Family Residential. While the existing and proposed zones all allow for the possibility of constructing one and two - family dwellings, the Developer would prefer to develop future homes under the "R -2" zone since it requires a smaller side yard requirement based upon 10 percent of the lot width (like most other urban zones) oppose to the "RS -2" zone that requires 15 percent. The "RS -1" zone requires a minimum 4.5 metre (15 foot) side yard. It has been the experience of the Developer that the additional 2.2 metres (7.2 feet) provided by the urban zones with respect to the required side yards are advantageous when constructing large homes with attached garages. A similar rezoning request was made by the Developer in 2003 concerning Westside Estates Subdivision off Manchester Avenue. With respect to the "RS -1" zone it should be mentioned that this zone does not permit serviced development (i.e., City sewer and water), which is what would be developed by the extension of central services into the northeastern portion of the site (near the water tower). In discussing this application with the Developer, while it is recognized that the existing zoning ( "RS -2 ") would permit the construction of semi- detached buildings (i.e., side by side), the landowner is agreeable to a condition (Section 39) that would prohibit the construction of any semi- detached buildings on the subject lands. It is felt that this would be more in keeping with the predominately one - family neighbourhoods of the Lakewood Heights Subdivision. Municipal Development Plan and Rezoning The Municipal Development Plan has designated the general area as Low Density Residential. A portion of the undeveloped subject lands has been approved for the development of fully serviced residential lots along public streets. The rezoning of the subject area to an urban category can be readily supported given the context of the area. While the Municipal Plan does generally support the construction of one and two - family dwellings under this designation, the context of the surrounding neighbourhood consists mostly of one- family homes. Therefore, the requested rezoning is being recommended with a Section 39 North Star Holdings Ltd. Page 4 436 Summit Drive August 17, 2007 condition prohibiting the construction of semi- detached buildings (i.e., side by side). The Developer is agreeable to this restriction. With respect to density the "RS -2" One and Two Family Suburban Residential zone that the Lakewood Heights Subdivision has been developed under requires a serviced lot size of 690 square metres (7,427 square feet) for one - family housing. The proposed "R -2" One and Two Family Residential zoning only requires 550 square metres (5,920 square feet), a difference of 140 square metres (1,507 square feet). The "RS -2" zone requires a minimum lot width of 22 metres (72 feet), whereas the "R -2" zone only requires a lot width of 18 metres (59 feet), a difference of 4 metres (13 feet). While the proposed zoning could allow for a slightly higher density of development it would remain compatible with the existing density that the existing zoning would have allowed. In any event, the Developer intends to proceed with the lot sizes already approved for the initial phase of the subdivision development that were based upon the "RS -2" zoning standards. Surface Drainage There has been concern raised with regards to drainage. As required for the initial phase of the subdivision, detailed site and drainage plans are required from the Developer that must be satisfactory to the Chief City Engineer. Such plans will also be required for each phase of the overall subdivision, which will direct all surface water into piped sewer mains. Currently surface water may be directed towards other properties in the area. This requirement will be stipulated by the City as part of the approval process for each phase of the subdivision development. CONCLUSION: The Developer is requesting to rezone the subject lands to a more appropriate urban zone in order to better accommodate the construction of large homes with attached garages. The Developer has made a similar rezoning request for another urban residential subdivision in West Saint John. The request to rezone the subject area to "R -2" One and Two Family Residential can be recommended with the mentioned Section 39 condition prohibiting semi- detached buildings. This condition will ensure compatibility with the surrounding neighbourhood that consists mostly of one - family housing. MRO Project No. 07 -303 0 Ot W7 I a %02' W21 Ill C lV _Q I � y Y rK 0 00 fi s d o C13 mc 42 C z a 0 0 0 g $v HII . 3 g fi ;g u •— c° < LLJ w > m D � � a 4 $ s ° r.. t to CE. 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AM ......... ^ r ',s o o• g yip: a cis og S oil 1$ a�8 4p 8 8 08 5810 -1 anu0 llwwn5 C Q V 3 BAIJQ MalA0101 N C C 0 OOC o V) U n J � I a %02' W21 Ill C lV _Q I � y Y rK 0 00 fi s d o C13 mc 42 C z a 0 0 0 g $v HII . 3 g fi ;g u •— c° < LLJ w > m D � � a 4 $ s ° r.. t to CE. UJ 17 ell S '' l 1 a FA OF 2 Cc �Q Q •O• •�00� w <orHt� <� $eiri�.ri yet: .+ C J. O i 8 r ,I g p CPO \ O \ s \ ... ' /. MOPPOPPOPOP )' IAN . !p / \ ' / r ` \ ,a jKojnDA �so9acoo flw \ � tt.tscoo aid , / o4w pia UDOMS 3p LectcCoo OW W046wuun0 u*JDx \ / ate+ / < a [9COCC00 Old AQDNV 1004o1M •— '0\ / \ r'- } ,1 9961.4coo ad Uolmal DpUG" 79 X0 a UOW)l VilopaJ j T — — Ira t ccoo ow r — -= —. OJMOM auoM uu0asOH 2? 1 o 411000S Jn41JV Jaiad A 1 0Z � I �a•3s o aninj ZT •9+Iccoo ow ..."W — — —� — — e L E uau8.0 9 C14 /\ 6l E '.atsKiOO 0w 975 / / \ N N i °° a37 sXooigot's3 -1 APnJl V CPO E N er (Q p Italy Dki l sn U►Das zi ^ a. Sup \. N Il>t g n60.4nog DwojeA uo" ir in r 9 / �� ryb Grip I Ccw o �0 W3jDM 3 swl �P w DM 0 tivaH / �0 F Off` �1 a9" ,ar w bs OZS l Davy ,,0000, 4p 1 C44 F. U Qo MUM as d° ,�� / WO19o9 4d9sor ,a6ob 192- .' ' ;•N t n » 2 ° c� co o mtccoo ow 3 c _ a w siewoS D A!j $ POO .3 �° uacuoS o4� °0 -$ F g g g m fig" U. ry >i 1 ..... AM ......... ^ r ',s o o• g yip: a cis og S oil 1$ a�8 4p 8 8 08 5810 -1 anu0 llwwn5 C Q V 3 BAIJQ MalA0101 Dear Sir, In response to your notice dated July 24,2007 about duplex housing in Lakewood Heights, we are APPOSED to this type of housing in our neighbourhood. Not only does it not fit with the rest of the housing, it will bring down the property value ofthe existing homes. As we see it, the developer only wants to build this type of home for his benefit and we know what that is; money in his pocket! Sincerely, David and Ann Burnett 27 Willie Ave. Lakewood Heights if Planning Advisory Committee City of Saint John P.O. Box 1971 Saint John, N.B. E2L 4L1 Subject: Proposed Rezoning North Star Holdings Ltd. 436 Summit Drive 428 Summit Drive Saint John, N.B. E2J 3Y8 August 14, 2007 of A461_�I SA1t� At its regularly scheduled meeting of Monday July 16, 2007, Common Council of the City of Saint John adopted a recommendation of the Planning Advisory Committee to accept the subdivision plan submitted by North Star Hold development of the subject property, ings Ltd. for the future There are 2 points of interest relative to the PAC approval and subsequent recommendation to Council. First was that there was a written submission made by the . . . owner of 434 Summit Dr. the property directly next to ours, expressing concerns about drainage and the effect that "clear- cutting" by the owner had on runoff and flooding of the area. Second was a requirement by the City's Chief Engineer that the property owner under take and submit for his approval, a detailed drainage plan, We are writing not to object to the applicant's request for a change in the zoning of the subject properties, but to add our voice to these two previous concerns Clearly water and more specifically drainage is a major concern to the neighbouring property owners and the City of Saint John. It is of special interest to us given the amount of time and money we have invested in our property and the ongoing battle we have had since constructing our home in 1976. We are the original property owners, and builders through the NB Housing Co -op program of the early 70's. The previous land owner became the site developer and was responsible to shoot the elevations and to dig the foundations. While under construction, the house which sits on a plateau, ie Summit Drive, of a steep mountainous area, . sustained damage from flooding. A sudden thaw in February 1976 coupled with a heavy rainfall caused 4 feet of water to flood the unfinished basement of a then partially constructed house. Efforts to drain the water failed and as a result it froze the next day as temperatures returned to seasonable levels. This freezing caused cracks to appear in the foundation but did not affect its structural integrity and therefore did not require demolition. 0 Page Two Construction continued and in the spring the ice melted and the water gradually disappeared. When the time came to connect the house to the City services provided, ie water, sewer and storm drain, it became immediately clear that there was a problem, 428 Summit Drive could not be connected. If connected both the sewer and storm drains would run backwards, ie; up hill from the house to the street. When approached about this problem the developer blamed the City for setting the services and roadway too high and the City blamed the developer for setting the foundations too low. Neither offered any advice or assistance and we were unaware at the time that other houses on the street suffered the same fate. Regardless of fault and in addition to the problems with connections we later learned some valuable lessons about street run -off when the road is higher than the driveway. Being unable to afford the cost of legal action we were forced to remove a piece of the foundation's footing course in order to hook up the sewerage. We had to leave the drain the around the foundation unconnected. Over the course of the past 31 years we have endured a damp, moldy basement, periodic flooding, and the cost necessary to install and maintain a sump pump. Recently we excavated a 6 foot deep trench across the entire rear of the property and from the rear of the property to the City's storm drainage system that goes by the front of the house. The cost of this was in excess of $3,000.00. This last effort was done in the spring of 2005 and showed a marked improvement in the basement environment so much so that we were actually in the process of renovating by installing a floor and walls for a laundry room. Then North Star moved in and in the summer of 2006, clear cut the entire side of the mountain, directly behind our properties. With no trees left to absorb the water from periodic heavy rains or from winter run off, the $3,000.00 drain could no longer keep the basement of 428 Summit Drive reasonably dry. It is critical that any development on the side of the mountain directly behind the houses on Summit Drive be done in such a fashion as to give very definite consideration for the collection, handling and disposal of not only surface but sub surface water. Failure to correctly and effectively address these concerns will in no uncertain terms lead to the devaluation and eventual destruction of not only the properties identified but also, I believe the properties directly across the street. The homes on the opposite side of Summit Drive are situated on the edge of the plateau that over looks Riley Drive, which is located at the base of this mountain. Since their construction in 1976 some of the properties on Summit Drive have grown smaller as a direct result of the erosion of their back yards. One home owner on Riley Drive has had to incur the cost to install a substantial gabion and concrete retaining wall at the rear of his property in order to stop the hill side from washing into and overtaking his back yard and house. } Page Three While the bank between the rear of the houses on Summit Drive and those at the base of the hill on Riley Drive has remained fairly stable for the past 31 years, ie erosion has occurred, but the pace has been slow, now that the side of the mountain has been clear cut and run off is allowed to flow unchecked, the bank between the homes on Summit Drive and Riley Drive is in jeopardy of becoming more unstable. Once again this is cause to express concern and add emphasis to the previous recommendation that a plan be developed and implemented for the collection, handling and disposal of surface and subsurface water in this area. No construction should be commenced without a plan approved by the Chief City Engineer. While we do not object to the development of this land, nor do we object to the request for rezoning we do feel it necessary to Committee either; respectfully request that the Planning Advisory 1) table approval of this request until such time as a water plan has been submitted and approved, or 2) approve the rezoning application on condition that no construction commence until a plan has been developed, submitted and approved. If done correctly this development could be the saviour, from a water perspective of our home, and possibly some of the other properties on Summit and Riley Drives however if not done correctly the damages caused to our property and th could be significant, costly and possibly irreparable. Respectfully; David and Donna Logan 428 Summit Drive Saint John, N.B. e neighbouring properties Application for a Zoning By -law Amendment Demande de modification i 1'arreti sur le zonage Applicant Related information / Renseignements sur le demandeur Name of Applicant / Nom du demandeur joe, Malle4e, Lt ✓. �� Vow. \. - IlA F1 - 4�i�_ Telephone Number / /Numtro de tbldphone Home / Domicile (e Work/ Travail cU Fax Number / NumBro de *16copieur ip S;8 '4 y Name of Property Owner (if differem) / Nom du props t m (si different) A . Mal l e- 4e- I Sons 6q-55) Ltd. Al Address / Adresse 4 o)( Z S 3 � S� 7- To 4 w e Postal Code / Code postal EZ Property Information / Renseignements sur In proprikk 1 .. q / No de voirie Lot Area / Superficie du lot 120 ha Street Frontage / Fasade sur rue Existing Use of Property/ Utilisation actuelle de la prgm&ti Ntc can V 1 Qncl Municipal Plan land Use Designation Designation de utilization des ten sur le plan municipal un Sery i c:ed ReSidentlCJ Amendment Requested / Modification demandee Present Zoning / Zonage acmel 'J&& ° ZS— I n Lq Change Zoning to / Modi ication du zonage A Q and/or/ on ❑ Text Amendment (indicate particulars) / Modification due texte (mdiquez les details) / NIP Development Proposal / Proposition d'ame'nagement Description of Proposal / Description de la proposition To creme 9M IofS far re! it&nficil dcyelocment GtS PhaS� 2 a� fhe You must provide a scaled site plan that illustrates your proposal. You may also provide photographs, building plans, elevation drawings and any other form of information. The plan must show the dimensions of the property, the location of all buildings, driveways, parking areas, landscaping and signs. It is important that the distance between the property boundary and buildings are shown. Ii IL I Vous devez fournir un plan du site 61'echelle illustrant votre proposition. Vous pouvez egalement fournir des photographies, des plans de batiment, des dessins de plan d'Oevation et toute autre forme de renseignemenL Le plan dait indiquer les dimensions de to propriete, /'emplacement de la totalite des biltiments, des allees, des aires de stationnement, des amenagements paysagers et des panneaux de slgnalisabon.11 est important d'indiquer la distance entre les limites de to proprtete et les bdtiments. \ I • 1 1 f 11 ! 1\ 1 1\ f , f, \ \ f- 1 • 1 \ � 1- F I .1 A I- 11 - 1 • f 1• 1 1 I f proposition q 1 \u1 .1 &m utile. 91 %mmif 11 91.1 11 \.' IK If- 1 Date ✓ z:- ( 11 S400 Application Fee Enclosed l Ci joird les f %ais de demande de 400 S If you are not the owner of the land in question Si vows n'etes pas le proprietaire du terrain en question, please have the owner sign below. The signature of veuillez obtenir la signature du proprietaire dons la partie the owner is authorizing this application to proceed ci- dessous. La signature du proprietaire autonsant le for consideration by Common Council. traitement de la presente demand¢ pour que cette derriere soit examinee par le conseil communal. Signaatre of Owner (if applicable) Signature due proptibtaire (sT y a lieu) Date: a a ,or yx It °� e F d S " N Nqf, 01 Im ERR gx V^atl °w.u� u: x w d 1aa45 e.nini u4N I4aS w YI"Jt s to to w. ,3 ac In x4 ate N= d .°R O+R 8I hSRpi I/ gc�C IV we d • s "'s �v iE ao a a? s of $ < sl v s Eva sfi 9LE 5 a J It ��. _ A S A o Y A tl p�gf C 9�U- d�QIDpUDA3 uo o° 0 n M "It p & �1. r. mO E O[ S CN $ F L o JI N¢ Oi A N[ ( i i {j t R Ogg 3 tri Po< "� ' m -m �!'.R �pY go _ IS N ° .° �" tlYY.. R � .. $ N$3 vtE. tlo A I i� I I"R id„R MY < NBA V S 4° WAi w. LC It tI WE it to 1'J ^A Op O�Y E into n R mg n �fqq t7 E' h to A o° w o° iaati`5 _071°14 y ma qq 0f of m m oUO .. �Sp4d R rn H NA i MR I PDp$7sa� m m g w 3 c g C O it a j m ru C F J \ g Z s aN �E�pp% rga' ypaJZ lit Vol 5F \ L J i \ a.. m PROPOSED ZONING BY -LAW AMENDMENT RE: 2797 LOCH LOMOND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, August 27, 2007 at 7:00 p.m., by: Rezoning a parcel of land located at 2797 Loch Lomond Road, having an area of approximately 58 hectares, also identified as being a portion of PID No. 00326223, from "RS -1" One and Two Family Suburban Residential to "BR" One Family Rural Residential, REASON FOR CHANGE: To permit the creation of a rural residential subdivision with 88 lots. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE VARRETE SUR LE ZONAGE OBJET: 2797, CHEMIN LOCH LOMOND Avis public est donne, par la presente, que le conseil communal de The City of Saint John a ]'intention d'etudier la modification suivante de 1'arrete sur le zonage de The City of Saint John, au cours de la reunion ordinaire du conseil prevue le lundi 27 aofit 2007 a 19 h dans la salle du conseil: Rezonage d'une parcelle de terrain d'une superficie approximative de 58 hectares, situee au 2797, chemin Loch Lomond, et etant une partie du NID 00326223, de zone residentielle de banlieue — habitations unifamiliales et bifamiliales uRS -1» A zone residentielle rurale — habitations unifamiliales «RRv. RAISON DE LA MODIFICATION: Permettre Is creation d'une subdivision residentielle rurale et 88 lots. Toute personne interestee peut examiner le projet de modification au bureau du greffier communal ou au bureau de l'urbanisme et du developpement a Ph6te1 de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire parvenir vos objections au projet de modification par ecrit A Pattention du soussigne a 116tel de ville. J. Patrick Woods, Greffier communal 658 -2862 PROPOSED ZONING BY -LAW AMENDMENT RE: 2797 LOCH LOMOND ROAD Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held in the Council Chamber on Monday, August 27, 2007 at 7:00 p.m., by: Rezoning a parcel of land located at 2797 Loch Lomond Road, having an area of approximately 58 hectares, also identified as being a portion PID No. 00326223, from "RS -1" One and Two Family Suburban Residential to "RR" One Family Rural Residential. REASON FOR CHANGE: To permit the creation of a rural residential subdivision with 88 lots. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hall. J. Patrick Woods, Common Clerk 658 -2862 PROJET DE MODIFICATION DE L'ARRETE SUR LE ZONAGE OBJET: 2797, CHEMIN LOCH LOMOND Avis public est donne, par la presente, que le conseil communal de The City of Saint John a Pintention d'6tudier la modification suivante de Parretti sur le zonage de The City of Saint John, au cours de la reunion ordinaire du conseil prevue le lundi 27 aoat 2007 a 19 h dans la salle du conseil: Rezonage d'une parcelle de terrain d'une superficie approximative de 58 hectares, situee au 2797, chemin Loch Lomond, et etant une partie du NID 00326223, de zone residentielle de banlieue — babitations unifamiliales et bifamiliales «RS -1» a zone residentielle rurale — habitations unifamiliales <<RR >>. RAISON DE LA MODIFICATION: Permettre la creation d'une subdivision residentielle rurale avec 88 sorts. Toute personne interessee peut examiner le projet de modification au bureau du greffier communal ou au bureau de 1'urbanisme et du d6veloppement a ]'hotel de ville au 15, Market Square, Saint John, N. -B., entre 8 h 30 et 16 h 30 du lundi au vendredi, sauf les jours feries. Veuillez faire parvenir vos objections au projet de modification par ecrit a ]'attention du soussigne a Ph6tel de ville. J. Patrick Woods, Greffier communal 658 -2862 City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 Department: Common Clerk's Office Account # 71206 Contact: J. Patrick Woods Phone: (506) 658 -2862 Fax: (506) 674 -4214 Special Instructions (if any): Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) " SJTJ City Information Ad " SJTJ Independent Placement SJTJ Classifieds Date(s): Tuesday, July 31, 2007 Tuesday, August 21, 2007 Date(s): Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal Contact: ® Public Notice Sub - Headline (if applicable): Text: INSERT ATTACHED Call to Action: J. Patrick Woods, Common Clerk/Greffier communal Contact: Telephone: (506) 658 -2862 BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land located at 2797 Loch Lomond Road, having an area of approximately 58 hectares, also identified as being a portion of PID number 00326223, from "RS -1" One and Two Family Suburban Residential to "RR" One Family Rural Residential - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2007 and signed by: Mayor/Maire ARRETE N° C.P. 110 - ARRETE MODIFIANT VARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete ce qui suit: L'arrete sur le zonage de The City of Saint John, decrU6 le dix -neuf (19) decembre 2005, est modifie par: 1 La modification de 1'annexe <<A», Plan de zonage de The City of Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie approximative de 58 hectares, situee au 2797, chemin Loch Lomond, et etant une partie du NID 00326223, de zone residentielle de banlieue — habitations unifamiliales et bifamiliales «RS -1» a zone residentielle rurale — habitations unifamiliales «RR» - toutes les modifications sont indiquees sur le plan ci j oint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le 2007, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture August 22, 2007 Your Worship and Councillors: SUBJECT: 2797 Loch Lomond Road — Rezoning On July 30, 2007 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its August 21, 2007 meeting. Mr. Gerald Roberts of Kierstead, Quigley and Roberts and Mr. Joe Mallette appeared to speak on behalf of the application. There was considerable discussion as to whether the proposed future street indicated on the plan between lots 5 and 6 should be developed by the applicant, as recommended by staff in the report, or vested in the City as a future street. The applicant indicated that he would prefer to vest that parcel as a future street similar to connect to the adjoining future street vested with the Hillcrest Heights Subdivision. This aspect of the application will be dealt with in the Committee's recommendation concern the proposed subdivision. One letter was received regarding the potential for through- traffic on Mattro Street between the Hillcrest Heights Subdivision and the proposed Bally Desmond subdivision. After considering the report and the applicant's comments the Committee adopted the recommendation as set out below. RECOMMENDATION: 1. That Common Council rezone a parcel of land located at 2797 Loch Lomond Road, also identified as being a portion of PID Number 00326223, having an area of approximately 60.7 hectares, from "RS -1" One and Two Family Suburban Residential to "RR" One Family Rural Residential. Planning Advisory Committee August 24, 2007 Page 2 2. That Common Council hold third reading of the proposed rezoning until such time as a Comprehensive Water Supply Assessment study is completed and approved by the Department of Environment. Respectfully submitted, Stephen Horgan Chairman SKH Attachments Project No. 07 -299 DATE: AUGUST 17, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF AUGUST 21, 2007 Sarah Herring, MCIP Planner SUBJECT: Name of Applicant: Joe Mallette Name of Owner: A.J. Mallette & Sons (1985) Ltd. Location: 2797 Loch Lomond Road PID: 00326223 (portion thereof) Municipal Plan: Unserviced Residential Zoning: Existing: "RS -1" One and Two Family Suburban Residential Proposed: "RR" One Family Rural Residential Proposal: To permit the creation of 89 residential lots with on -site well and septic systems on an internal street system. Type of Application: Rezoning and Subdivision JURISDICTION OF COMMITTEE: Joe Mallette 2797 Loch Lomond Road Page 2 August 17, 2007 The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recommendation will be considered by Common Council at a Public Hearing on Monday, August 27, 2007. The Community Planning Act also authorizes the Planning Advisory Committee to give its views to Common Council concerning the location of public and future streets, municipal services and public utility easements, and land for public purposes (or acceptance of cash -in -lieu) dedications in conjunction with the subdivision of land. STAFF RECOMMENDATION TO COMMITTEE: 1. That Common Council rezone a parcel of land located at 2797 Loch Lomond Road, also identified as being a portion of PID Number 00326223, having an area of approximately 60.7 hectares from "RS -1" One and Two Family Suburban Residential to "RR" One Family Rural Residential. 2. That Common Council assent to one or more subdivision plans, in one or more phases, for the proposed 89 lots of the Bally Desmond Subdivision — Phase 2 and to any required municipal services or public utility easements. 3. That Common Council assent to the proposed Land for Public Purposes dedication having an area of approximately 4.95 hectares (12.24 acres). 4. That Common Council authorize the preparation and execution of a City/Developer Subdivision Agreement(s) to ensure provision of the required work, including detailed street and drainage plans, and a detailed drainage study and downstream review for the approval of the Chief City Engineer or his designate. 5. That Common Council hold third reading of the proposed rezoning until such time as a Comprehensive Water Supply Assessment study is completed and approved by the Department of Environment. 6. That the Planning Advisory Committee accept the proposed names for Melissa Lane, Meredith Avenue, Mallory Street and Evandale Avenue. BACKGROUND: Joe Mallette Page 3 2797 Loch Lomond Road August 17, 2007 On February 12, 2007 Common Council assented to one or more subdivision plans for the initial 15 lots of the Bally Desmond Subdivision along Hillcrest Road, and to any required municipal services or public utility easements. Council also assented to the proposed Land for Public Purposes dedication of approximately 5,500 square metres and authorized the preparation and execution of a City/Developer Subdivision Agreement(s) to ensure provision ofthe required work, including detailed drainage plans for the approval of the Chief City Engineer. Phase 1 of the Bally Desmond Subdivision received Tentative Approval from the Development Officer on February 19, 2007. Final Approval for Lot 52 was given on May 2, 2007. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments on the application: a) the developer shall be responsible to construct the local streets in accordance with the Subdivision By -law and Municipal Operations and Engineering's general specifications; b) the developer shall place the power, telephone and cable television lines as per the Subdivision By -law; and c) the developer shall provide a drainage study which is to include not only the drainage basin affected by this development phase or adjacent property but all property that will drain into this area. This study shall also include a downstream review to ensure it is capable of handling the additional flow resulting from this development and future developments. Building and Technical Services has no concerns with this proposal. Saint John Energy has been notified of this application. Aliant Telecom has no issues with the proposed subdivision and will work jointly with the developer and Saint John Energy on the development. Leisure Services has been notified of this application. Fire Department has no objection to the subdivision application; however, the street network would have to adhere to the following National Building Code Standards 3.2.5.6 Access Route Design which provides that the road: a) have a clear width not less than 6 metres, unless it can be shown that lesser widths are satisfactory; b) have a centreline radius not less than 5 metres; Joe Mallette Page 4 2797 Loch Lomond Road August 17, 2007 c) have an overhead clearance not less than 5 metres; d) have a change in gradient not more than 1 in 12.5 over a minimum distance of 15 metres; e) be designed to support the expected loads imposed by firefighting equipment and be surfaced with concrete, asphalt or other material designed to permit accessibility under all climate conditions; f) have turnaround facilities for any dead -end portion of the access route more than 90 metres long; and g) be connected with a public thoroughfare. The Saint John Fire Department reserves the right to accept any turn - around areas as defined by the developer. A site assessment will be required for the purposes of determining whether fire apparatus can turn in any of the proposed turn - around areas (cul -de- sacs). N.B. Department of Public Health and Wellness has been notified of this application. N.B. Department of Environment and Local Government has reviewed this application with respect to several areas of responsibility, namely Environmentally Significant Areas, Wellfield Protection, Watershed Protection, Watercourse and Wetland Alteration, Water Classification and Groundwater Protection. The following comments are provided based on these reviews: a) there are no immediate watercourse or wetland concerns association with this phase of the development. However, the proponent should be advised that there is a watercourse on the remnant parcel to the north of the proposed lots and there are both watercourse and wetland concerns associated with the remnant parcel to the south of the proposed lots. Should there be future development proposed for these areas the wetland may require delineation by a recognized Wetlands and Coastal Consultant and there will be certain constraints associated with development near these features. b) given the number of existing lots in this subdivision, existing development on surrounding properties and the number of proposed lots, we would strongly recommend that a Comprehensive Water Supply Assessment (CWSA) be required prior to approval of this subdivision. The CWSA should address, but not be limited to, the long term sustainability of the aquifer to support a development of this size, potential effects of the development on neighbouring water users and potential land use issues. Based on the above, the Department would recommend that the City delay approval of this subdivision until a CWSA has been completed and reviewed by the Department of Environment. ANALYSIS: Joe Mallette 2797 Loch Lomond Road Subiect Site and Proposal Page 5 August 17, 2007 The subject site is located in East Saint John between Loch Lomond Road and Hillcrest Road east of the Hillcrest Heights Subdivision. The undeveloped 60.7 hectare (150 acre) site has rolling topography and mature forest cover, with a small valley in the northwest corner of the property. The surrounding area contains a range of large, forested parcels of land, single - family rural development and newer, unserviced, rural residential subdivisions. The applicant is proposing to develop the second phase of an unserviced subdivision, creating 89 lots on an internal street system with four new public streets in addition to the 15 lots along Spring Garden Road and Hillcrest Road created in the first phase. A 5,500 square metre (1.4 acre) parcel of Land for Public Purposes was dedicated with the first phase, and an additional 4.95 hectares (12.24 acres) is being dedicated in conjunction with the second phase, for a total of 5.5 hectares (13.6 acres) of Land for Public Purposes. The Land for Public Purposes currently being proposed is located in the northwest corner of the site, adjacent to the previously accepted LPP and connecting to the LPP dedicated with the development of the adjacent Hillcrest Heights subdivision. Municipal Plan Policies The Municipal Plan has designated this area of the City as Unserviced Residential, and considers it appropriate for larger residential lots with on -site services. The Plan classifies Rural Residential subdivisions as planned, low density, non -farm residential subdivisions that are physically separated from existing built -up areas. It is intended that the value of rural living will compensate for any inconvenience involved with the lack of urban servicing. The Plan requires that rural residential subdivisions have no fewer than 20 lots arranged in a cluster and fronting primarily on an internal local street system which has reasonable but limited access onto the City street system via an adjacent arterial or collector public street. Individual lots in a rural residential subdivision must have independent septic and well systems acceptable to the Department of Public Health and the City, and internal roads must be developed to a country standard as set out by the Subdivision By -law. The Plan also requires that these subdivisions be implemented, in part, by rezoning to the "RR" One Family Rural Residential zone and that Land for Public Purposes equal to 10 percent of the development and generally suitable for active recreation purposes be granted to the City in conjunction with the subdivision development. Zoning and Subdivision By -law Requirements The attached Tentative Subdivision Plan illustrates the creation of 89 residential lots, each meeting or exceeding the proposed "RR" One Family Rural Residential zone requirements for a minimum lot Joe Mallette Page 6 2797 Loch Lomond Road August 17, 2007 area of 5,000 square metres (1.24 acres), a minimum lot width of 60 metres (196.9 feet) and a minimum lot depth of 40 metres (131.2 feet). The proposed subdivision also appears to meet the requirements of the Subdivision By -law regarding street lengths, widths and the diameter of the proposed cul -de -sac at the end of Mattro Street. The developer will need to provide detailed street and drainage plans for the approval of the Chief City Engineer or his designate prior to final approval of the subdivision. The applicant has proposed the names: Melissa Lane, Meredith Avenue, Mallory Street and Evandale Avenue for the new public streets in the subdivision and these names and the proposed location of the streets are acceptable to the City. The applicant has illustrated a future street connection between Meredith Avenue and Jadvo Street, located between proposed lots 5 and 6, on the attached subdivision plan. This street is required to be developed as a connection to the adjacent Hillcrest Heights subdivision and should not be shown as a future street. Servicinp_ The 89 lots proposed in the second phase of the Bally Desmond subdivision will be serviced by on- site wells and septic systems. While this area of the City has generally been found to be suitable for on -site servicing, the Department of Public Health had advised that the first phase of this subdivision, comprised of 15 unserviced lots along Hillcrest Road and Spring Garden Road, required mound septic systems. Approval from the Department of Health regarding the suitability of each of the second phase lots for on -site wells and sewage disposal is required before the proposed lots can be approved by the Development Officer. As well, a Comprehensive Water Supply Assessment study must be completed by the developer and approved by the Department of Environment prior to approval of the proposed lots to ensure that water supplies are adequate for the intended residential uses. The applicant is aware of this requirement. Land for Public Purposes As previously noted, the applicant is proposing approximately 4.95 hectares (12.23 acres) ofLand for Public Purposes in conjunction with this phase of development, adding to the 5,500 square metres (1.36 acres) dedicated during the first phase of the subdivision. The Municipal Plan calls for Land for Public Purposes in rural residential subdivisions to be suitable for active recreation, and Leisure Services has already advised that the land in this area likely unsuitable for this purpose; however, recent development trends have shown that this style of development, with single- family dwellings on large lots in relatively remote areas of the City, generally creates a demand for natural, passive Joe Mallette Page 7 2797 Loch Lomond Road August 17, 2007 recreation areas and larger, more central arenas and multi - purpose sports fields than for traditional neighbourhood playgrounds. The proposed Land for Public Purposes would provide just such a natural area and would also provide a continuation of the Land for Public Purposes previously accepted for the Hillcrest Heights subdivision. This land, and the land dedicated in the first phase of this development, was intended to protect a small stream and the Land for Public Purposes dedication would extend this protection and potential walking or hiking trails along the valley and stream bed. CONCLUSION: As the proposed 89 lots in the second phase of the Bally Desmond Subdivision can satisfy the requirements of the Zoning and Subdivision By -laws and the Municipal Plan, approval of this development can be supported subject to approval of the individual lots by the Department of Health as each phase is approved by the Development officer. A Comprehensive Water Supply Assessment study must be completed by the applicant and approved by the Department of the Environment before the proposed subdivision can be approved. Detailed street and drainage plans, and a drainage study and downstream review acceptable to the Chief City Engineer or his designate are also required prior to final approval. The requested rezoning from "RS -1" One and Two Family Suburban Residential to "RR" One Family Rural Residential is required to facilitate the proposed development and can be supported; however, it is recommended that Common Council withhold third reading until such time as an approved Comprehensive Water Supply Assessment is received. The proposed Land for Public Purposes would provide an extension of potential walking trails along the valley area between the Hillcrest Heights and Desmond subdivision and would also preserve a large area natural between the two developments. It is recommended that the proposed dedication be accepted. SKH Project No. 07 -299 10 . August 15, 2007 Planning Advisory Committee: This is Jason Roy &Echo LeBlanc. We own lot 37 in the Hillcrest Heights Subdivision. The only concern we have with the tentative plan for Phase 2 of the Bally Desmond Subdivision is the amount of thruAraffic we will receive. Personally we don't see any reason to continue Mattro Street into that subdivision. We feel that one street connecting the 2 subdivisions would be plenty and would also restrict the drive -thru traffic to a minimum. We purchased this land because we believed that it would be a quite neighborhood that our children some day could play in safely. Currently there are children in the neighborhood and by allowing too much thru- traffic to access our subdivision would put them at risk. Personally we believe the City Of Saint John Future Street connecting the 2 subdivisions would be plenty. Thank you or your time, �h Jason Roy ho LeBlanc i ALIG 20 2007 l l t r w. Ar 41LO,4 { City Solicitor's Office Bureau de 1'avocat municipal 10 www.saintjohn.ca August 23, 2007 Common Council of The City of Saint John Your Worship and Councillors: Re: Noise By -Law Amendment P.O. Box/C.P. 1971 Saint John, NB /N. -B. Canada E21, 41,1 The City of Saint John Common Council at its meeting of August 13, 2007, gave first and second reading to a proposed amendment of the Noise By -Law. The amendment would add to the Noise By -Law a definition for "off -road vehicle" and also add the activity "the operation of an off -road vehicle, at any time ". Attached is a revised amendment. The word "driving" has been substituted for the word "operation " in order to more properly describe the activity. Third reading is in order if Council so wishes. Respectfully Submitted, John/ 1�Iu g ent City Solicitor Attachment BY -LAW NUMBER M -22 A BY -LAW RESPECTING THE PREVENTION OF EXCESSIVE NOISE IN THE CITY OF SAINT JOHN ARRETE No M -22 ARRETE CONCERNANT LA PREVENTION DE BRUIT EXCESSIF DANS THE CITY OF SAINT JOHN Be it enacted by the Common Council of Le conseil communal de The City of Saint The City of Saint John as follows: John edicte : A By -Law of The City of Saint John entitled "Saint John Noise By -Law" enacted on the 18th day of May, A.D. 2005, is hereby amended as follows: 1. Section 2 is amended by adding the following definition: "Off road vehicle" means any motor vehicle designed or adapted for off -road use and, without limiting the generality of the foregoing, includes an all- terrain vehicle, a dirt bike, a dune - buggy, a motorized snow vehicle or an amphibious vehicle, but does not include any vehicle which is designed for use and is being used in agriculture, forestry, mining or construction, any vehicle registered under the Motor Vehicle Act or any vehicle exempted from the application of the Off Road Vehicle Act by regulation. Par les presentes, 1'arrete de The City of Saint John intitule "Arrete de Saint John concernant le bruit" edicte le 18 mai 2005 est modifie comme suit: 1. L'article 2 est modifie par Pajout de la definition suivante : vehicule hors route » designe tout vehicule a moteur conqu ou adapte pour ('usage hors route, et sans restreindre la portee de cc qui precede, s'entend egalement des vehicules tout - terrain, des motos hors route, des autodunes, des motoneiges ou des machines amphibies, mais ne s'entend pas de tout vehicule qui a Ste conqu pour etre utilise et qui est utilise pour ('agriculture, la foresterie, les travaux miniers ou la construction, de tout vehicule immatricule en vertu de la Loi sur les vehicules a moteur on de tout vehicule exempte de 1'application de la Loi sur les vehicules hors route par reglement. 2. Subsection 3(3) is amended by adding the 2. Le paragraphe 3(3) est modifie par Fajout de following: 1'alinea suivant : n) the driving of an off -road vehicle, at n) a tout moment, conduire un vehicule hors -route any time IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of August, A.D. 2007 and signed by: Mayor /Maire EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arrete le 2007, avec les signatures suivantes: Common Clerk / Greffier communal First Reading - August 13, 2007 Premiere lecture - le 13 aout 2007 Second Reading - August 13, 2007 Deuxieme lecture - le 13 aout 2007 Third Reading - Troisieme lecture - August 27, 2007 His Worship Mayor Norm McFarlane And Councillors Your Worship and Councillors SUBJECT: Governance Update Council heard a presentation on the proposed governance system last week and there was a recent newspaper article concerning the governance report. Motion: that Staff and Council discuss the Governance issue at this meeting of open session of Council. Respectfully submitted Received by e -mail Bill Farren Councillor August 21, 2007 His Worship Norm McFarlane and Councillors Your Worship and Councillors, SUBJECT: MAJORITY RULES MOTION: I move that Council agree to accept the will of the majority that being 50% + 1 vote on the results of the upcoming referendum regarding the mixed /ward system. Respectfully submitted, Received by e -mail Michelle Hooton Deputy Mayor August 24, 2007 OPEN SESSION SAINT JOHN Mayor Norman McFarlane and Members of Common Council RE: Coalition of Municipalities Against Racism and Discrimination P.O. Box /C.P. 1971 Saint John, NB /N. -B. Canada E2L4L1 www. sa i ntjo h n.ca As a member of the Federation of Canadian Municipalities (FCM) Standing Committee on Social Economic Development, I was invited by the Canadian Commission for UNESCO to attend a meeting in Calgary on June 1, 2007. This meeting was the initial meeting of the thirteen (13) Municipalities across Canada, who had up to that date signed on as members to the Coalition of Municipalities Against Racism and Discrimination. The Coalition initiative is supported by the Canadian Association of Statutory Human Rights Agencies; the Federation of Canadian Municipalities; Human Rights Commissions in Alberta, Ontario and Saskatchewan; the Canadian Race Relations Foundation; various Agencies and Associations of Municipalities in different Provinces; and the National Association of Friendship Centres for Aboriginal peoples. Canada is a very cultural and racially diverse nation and the face of our communities are ever changing as we experience and encourage an influx of new citizens from around the world. While for the most part our communities are welcome and open to this change, there tends to be an element in society that does not welcome and respect those who come into our communities, who maybe culturally or racially different. As a result of this it is imperative that we as communities must do what we can to make our new citizens and visitors feel secure and protected. We must also ensure that our community is a safe and welcoming environment for all citizens, old and new alike. Unfortunately, Saint John, the had been witne believe that we rallied around discrimination. not only in communities elements of racism and d ssed by the recent events have shown ourselves to those who have been across Canada, but in our own community of iscrimination raise their ugly heads at times. As reported in the local news. As a community, I be disgusted by this type of behaviour and have exposed to the cold grips of racism and As leaders of this Municipality, I believe that we are bound by duty to do what we can to protect all of our citizens and visitors from elements that would tend to harm their well being. With that in mind I am bringing forth a recommendation this evening that we join Explore our past Explorez noire passe ture Discover your fu Ncouvrez votre avenir Grand Bay - Westfield Quispamsis • Rothesay • St. Martins • Saint Johi with other Municipalities across Canada who have become members of the Coalition of Municipalities Against Racism and Discrimination. Municipalities, who by becoming members of the Coalition, had committed themselves to making their communities a safe and welcoming community for all citizens and visitors. Recommendation 1. It is recommended that the City of Saint .John support the UNESCO initiative in principle, and sign the Declaration to Join the Coalition of Canadian Municipalities Against Racism and Discrimination. Respectfully Submitted, Carl A. White, Councillor City of Saint John attachments Declaration to Join the Canadian Coalition of Municipalities Against Racism and Discrimination Municipalities wishing to join the Coalition are invited to sign this model declaration. Given that: 1. The Canadian Commission for UNESCO (United Nations Educational, Scientific and Cultural Organization) is calling on municipalities to join a Canadian Coalition of Municipalities Against Racism and Discrimination and be part of UNESCO's international coalition launched in 2004. 2. The Federation of Canadian Municipalities endorses the Call for a Canadian Coalition of Municipalities Against Racism and Discrimination and encourages its members to join. Whereas: 3. Municipal governments in Canada, along with other levels of government, have responsibilities under Canada's Charter of Rights and Freedoms as well as federal, provincial and territorial human rights codes, and therefore have an important role to play in combating racism and discrimination and fostering equality and respect for all citizens. Be it resolved that: 4. The Municipality of agrees to join the Coalition of Canadian Municipalities Against Racism and Discrimination and, in joining the Coalition, endorses he Common Commitments and agrees to develop or adapt its own unique Plan of Action accordingly. 5. These Common Commitments and the Municipality's unique Plan of Action will be an integral part of the Municipality's vision, strategies and policies. 6. In developing or adapting and implementing its own unique Plan of Action toward progressive realization of the Common Commitments, the Municipality will cooperate with other organizations and jurisdictions, including other levels of government, Aboriginal peoples, public and private sector institutions, and civil society organizations, all of whom have responsibilities in the area of human rights. 7. The Municipality will set its priorities, actions and timelines and allocate resources according to its unique circumstances, and within its means and jurisdiction. The Municipality will exchange its expertise and share best practices with other municipalities involved in the Coalition and will report publicly on an annual basis on actions undertaken toward the realization of these Common Commitments. (Date) (Place) (Signature of the Mayor) Common Commitments Against Racism and Discrimination Municipalities are urged to develop their own plan of action in keeping with these ten Common Commitments addressing three areas of municipal responsibility: • The municipality as a guardian of the public interest. • The municipality as an organization in the fulfillment of human rights. • The municipality as a community sharing responsibility for respecting and promoting human rights and diversity. In undertaking these Commitments and in developing unique plans of action for addressing racism and discrimination, municipalities are encouraged to take a participative approach that will engage Aboriginal peoples and initiate dialogue among diverse communities. 1. Increase vigilance against systemic and individual racism and discrimination. 2. Monitor racism and discrimination in the community more broadly as well as municipal actions taken to address racism and discrimination. 3. Inform and support individuals who experience racism and discrimination. 4. Support policing services in their efforts to be exemplary institutions in combating racism and discrimination. 5. Provide equal opportunities as a municipal employer, service provider and contractor. 6. Support measures to promote equity in the labour market. 7. Support measures to challenge racism and discrimination and promote diversity and equal opportunity in housing. 8. Involve citizens by giving them a voice in anti - racism initiatives and decision- making. 9. Support measures to challenge racism and discrimination and promote diversity and equal opportunity in the education sector and in other forms of learning. 10. Promote respect, understanding and appreciation of cultural diversity and the inclusion of Aboriginal and racialized communities into the cultural fabric of the municipality. The City of Sanit John 1 August 11 His Worship Mayor Norman McFarlane And Members of Common Council Your Worship and Members of Common Council: On September 4, 2007 at 6:30 Community express "COMEX" will commence after much work and preparation. This service was made possible as a result of the partnership between Federal, Provincial, Municipal governments of Greater Saint John, Parking and Transit Commissions. This strategic alliance in the transportation field will have a positive economic, environmental and social impact for our citizens. I trust this new service will benefit everyone in Greater Saint John. MOTION Receive for Information. Respectfully Submitted, (Original (Original Source Verifi Councillor C.T Titus SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21411 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B. Canada E21411 August 24, 2007 His Worship Mayor Norm McFarlane and Councillors Your Worship and Councillors: Subject: Proposed Affordable Housing tours for Mayor and Council of Affordable Housing Projects The Mayor, Common Council and Staff have been very supportive of the projects put forth by the Affordable Housing Community. This partnership has seen not only an increase in new projects started but also a healthy number of projects waiting to begin. While at the FCM meeting in Calgary, I attended a workshop which discussed the importance of municipal government and Affordable Housing partnerships. One of the ideas presented in this workshop was for the Affordable Housing Community to invite Municipal Officials to tour their projects while in development. In taking this partnership idea to the Affordable Housing Community in Saint John, the response was enthusiastic. Motion That Common Council officials work with the Affordable Housing Community to identify appropriate dates and times for Mayor, Common Council and Senior Staff to tour Affordable Housing projects which are in development. Respectfully submitted, Source verified Peter McGuire Councillor The City of Sairit John August 23, 2061 His Worship Mayor Norman McFarlane And Members of Common Council Your Worship and Members of Council: Re: Spar Cove Road Concerns over traffic have been brought to my attention. These concerns are speeding and parking on the street. Spar Cove Road is a narrow road in which these issues pose particular difficulties for both residents and motorists. MOTION I request that staff investigate remediation to these issues including possibly restricting parking to one side of the street or eliminating parking on both sides of the street as well as reducing speed and insuring adequate patrol. Respectfully S bmitted, (verified by phon Councillor Stephen Chase /r SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L4L1 I www.saintjohn.ca I C.P. 1971 Saintjohn, N,-B. Canada F2L4L1 His Worship Norm McFarlane and Members of Common Council Your Worship and Councillors, Re: Regional Partnership for Professional Artists and the Community In November 2006, the City's Cultural Affairs Office was approached by the Executive Director of the New Brunswick Arts Board with a proposal to invest in a project of a Regional Partnership for Professional Artists and the Community. The New Brunswick Arts Board (NBAB) is an arm's - length arts funding agency with a legislated mandate to: facilitate and promote the creation of art; facilitate the enjoyment, awareness and understanding of the arts; advise the government of New Brunswick on arts policy; unify and speak for the arts community; and administer funding programs for professional artists. In September 2005, Saint John hosted the Atlantic Cultural Space: The Creative Municipality conference, and one of the significant recommendations that came out of the conference underlines the need for reinforcing collaborative links among different funders, including municipal governments, so that designated funding can be provided in each of the regions to support the work of professional artists at the local and regional level and to encourage artists to continue to live and work in their own regions. By working together, the NBAB believes a wide range of opportunities can be offered to professional artists in the Saint John area which will lead to creating a rich variety of ongoing artistic and cultural programming in the community. The following are the objectives of the project: • To support arts projects that involve partnerships with the municipality or with regional community groups; ■ To encourage arts initiatives that highlight the identity of the greater Saint John region; and ■ To encourage the development of projects that will make works of literature and art more accessible to the public throughout the greater Saint John region. P SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21L 4L1 I www.saintjohn.ca I C.P. 1971 Saint john, N.-B. Canada EK 41.1 The NBAB has offered to invest $25,000 per year for three years for Saint John artists, provided $25,000 can be raised from another agency, and the municipality contributes $25,000 as well. This will result in a total of $75,000 to be invested towards local professional artists. With the support and assistance of Enterprise Saint John, the City's Cultural Affairs Office has successfully raised 33- percent of the funds required ($12,500 from the Regional Development Corporation; and $12,500 through the Community Economic Development Fund). The remaining important link in order to move forward with this initiative is a commitment of $25,000 from the City of Saint John. The NBAB proposes that the $75,000 be used to provide ten (10) grants of $5,000 to $10,000 to be awarded to artists in the greater Saint John region, on a merit basis. Over the three year term of this initiative, then, thirty (30) or more grants will be offered through three annual competitions for local professional artists. The NBAB would like to begin this partnership project on October 1, 2007, for the 2007- 2008 fiscal year and to continue it until the end of the 2009 -2010 fiscal year. A renewal of the agreement could be considered after the current agreement has been evaluated and depending on the results. Details about the way the grants will be allocated will be developed by a committee including representatives of the New Brunswick Arts Board, professional artists from the Saint John area, and members of the Saint John community. The agreement will be administered by the NBAB and, to ensure transparency and accountability, a special section in its Annual report will outline the income and expenses related to this project and the artists who receive funding. Depending on the needs and wishes of the partners, additional reports may also be prepared. For each competition, the NBAB will prepare and circulate press releases announcing the names of the grant recipients. The City's Cultural Affairs Office could also do the same, in order to ensure proper media coverage of the activities made possible by this agreement and which take place in Saint John. ANALYSIS: This initiative marks the first time the NBAB has offered to partner with the City of Saint John to ensure professional artists are given the opportunity to access funding for their creative ideas and to remain within their community of choice to produce art. There has been a significant disparity in grant applications and funding to professional artists in Saint John, as recently written in the Telegraph- Journal. This project is an attempt to provide collaboration with the municipality and other funding agents to help stimulate further growth in Saint John's arts sector. Edmundston New Brunswick is the only other municipality participating in this unique pilot project. As a francophone community, they have experienced similar grant funding issues as Saint John. The municipality of Edmundston and their economic development agency have both financially contributed their full 33- percent share. FINANCIAL IMPLICATIONS This venture represents 33 -cent dollars for the City of Saint John and a valuable window of opportunity for the professional artists in our community. A $25,000 contribution by the City is fully affordable within the 2007 City budget approved by Common Council. The identified funding will come from the Art Reserve Fund of $25,000 set aside each annum for such purposes. The project also fits perfectly with the goals and objectives of the Common Council - adopted Saint John Arts and Culture Policy, namely item 5.4 a. "...to develop and implement arts training and employment strategies," and item 5.4 c. "...to identify opportunities to increase investment in arts and culture and to encourage the collaboration between the arts and business sectors." RECOMMENDATON: Your City Manager recommends that Common Council grant $25,000 to the New Brunswick Arts Board representing one -third of the funding to implement the Regional Partnership for Professional Artists and the Community for a maximum of three years. Respectfully submitted, Bernard Cormier Cultural Affairs Officer t� J. trick Woods Deputy City Manager �a REPORT TO COMMON COUNCIL M &C 2007 - 280 August 20, 2007 Deputy Mayor Michelle Hooton and Members of Common Council Deputy Mayor and Councillors: RE: 2006 Annual Report of the City of Saint John Pension Plan INTRODUCTION M`17 City of Saint John On behalf of the Board of Trustees of the City of Saint John Pension Plan I am pleased to provide the following report on the activities of the Board during the 2006 calendar year. The Board administers the City's Pension Plan in accordance with the provisions of the City of Saint John Pension Act, the Provincial Pension Benefits Act and the Federal Income Tax Act. The City's Pension Plan is a defined benefit program with employee contributions set at 8.5% of gross earnings and employer contributions set at 8.1% of gross earnings. In addition the plan sponsor, the City of Saint John, was required to contribute an additional 8.6% of payroll representing contributions in respect of the Going Concern Unfunded Liability of $43,547,200 as at December 31, 2003. The 2006 Calendar year was another extremely busy year for the Board of Trustees. Areas of focus continue to be Disability Management, Board Governance and diversification of the Pension Fund's investment portfolio. Each of these items will be discussed in greater detail below. The net assets of the Plan at December 31, 2006 were $375,504,636 (2005- $327,161,340) and these funds are invested by the Board in accordance with an established investment policy and in consultation with the Board's investment consultant API Asset Management Inc. A copy of the 2006 Audited Financial Statements is attached with this report. It should be noted that the Pension Plan continues to record a receivable from the City for funding due related to the Plan's solvency deficiency. The Pension Benefits Act requires that a solvency deficiency be funded over a period of 5 years unless an exemption is granted to fund over a period of not more than 15 years. The funding amount set -up by the Plan assumes that the City will fund the solvency deficit over 15 years. This issue is more completely disclosed in the Notes to the Financial Statements on page 7 attached. 2006 Annual Report of the City Saint John Pension Plan Page 2 In terms of the solvency deficiency it was the intention of the City of Saint John to apply for an exemption from funding the solvency deficiency as permitted under the Pension Benefits Act. In June of 2007 a ballot to vote in favour of or in opposition to exemption from funding the solvency deficiency was distributed to all plan members. The results of the vote were overwhelmingly in favour of the exemption from the funding. As a result of the vote an application seeking exemption from funding the solvency deficiency has been made to the Superintendent of Pensions. Once the decision has been rendered by the Superintendent it will be communicated to plan members and the sponsor. INVESTMENT POLICY The Funds assets are managed by six investment managers with an asset mix of 35% Canadian Fixed Income and cash, 35% Canadian Equities, 10% US Equities, 10% in Real Estate and 10% Foreign Equities. The Board completed a comprehensive update of its Investment Policy in 2003 and reviews the Policy provisions on an annual basis. One area of continued interest to the Board is the increasing popularity of alternate investments that offer an absolute return strategy. The desirability of these types of investments is that they have the potential to offer reasonable investment returns that are not in any way affected by the ups and downs in the stock market or other investment markets. This would greatly add to the diversity of the Fund's Investments and the Board has concluded that it would like to see up to 10% of its portfolio in this type of investments. One action taken by the Board this past year has been the addition of a real estate fund as part of the Investment portfolio. The Board has directed that up to 10% of the Funds of the Plan be invested in this Real Estate Fund. INVESTMENT MANAGER PERFORMANCE In 2006 the investment earnings on the Pension Fund's assets averaged 16.4 %. By contrast the portfolio return, representing average market returns for a similar form of investments as those carried by our Plan, saw a growth of 13.0% during the same period. The returns are also far better than our long -term targeted return of CPI plus 3.85% which for 2006 equated to a 5.5% return. The Pension Plan's assets are managed by six professional investment firms as follows: Fixed Income Real Estate Canadian Equity US Equity EAFE Equity — Addenda Capital Standard Life — Kingwest Letko Brosseau — Burgundy Asset Management — Philadelphia Investments 2006 Annual Report of the City Saint John Pension Plan Page 3 The Board of Trustees meets with each the Investment Managers twice a year to review their performance and discuss emerging trends in the investment markets. The Board also retains API Asset Performance Inc. to provide an analysis of our manager's performance in comparison with other managers with similar holdings. The attached schedule summarizes the Plan's performance over the last five years. The rate of return for each year is as follows 2006 — 16.4 %, 2005 - 17.4 %, 2004 - 11.6 %, 2003 — 12.8 %, and 2002 - -3.6 %. The City of Saint John Pension Plan has experienced superior returns in comparison to the average Pension Fund in Canada over this period. The rate of return for the average Pension Fund in Canada were as follows 2006 — 12.6 %, 2005 — 11.5 %, 2004 — 10.0 %, 2003 — 13.5 %, and 2002 — 4.4 %. DISABILITY MANAGEMENT In 2005 the Board retained LifeMark Health Services to provide adjudication support services related to Disability Management. As part of their work Lifemark reviews all new applications for disability and makes recommendations to the Board for approval or denial. In addition as per Section 17(1) of the City of Saint John Pension Act the Board has directed LifeMark to review the cases of all existing Long -Term Disability recipients to determine if they continue to be eligible for benefits under the Plan. This process is ongoing and Council is being informed on a regular basis. 111731 19 MKI]'IARMR0101 A governance review was completed in November 2006. The purpose of the review was to highlight best practices with respect to pension governance and then compare and modify current practices, where necessary, to move towards these best practices. This is a work in progress. A work plan has been prepared and changes are being implemented. ACTIVE AND RETIRED PARTICIPANTS The number of active participants in the Plan was 872 while the number of retired participants stands at 734. The impact of the high percentage of pensioners in relation to active members really shows on the current fund balances as detailed in the Pension Fund's Annual Financial Statements. In 2006 we see that the total contributions into the Plan from employees and the employer for current service were $8,695,574 (2005 - $7,895,596) and $12,553,100 for past service. Total pensions paid in the year were $171060,579 (2005 - $16,6609839). With interest rates at historically low levels the size of this pensioner liability has a significant impact on the over -all funding position of the Plan. 2006 Annual Report of the City Saint John Pension Plan BOARD OF TRUSTEES The current members of the Board of Trustees are as follows: Trustee Councillor Chris Titus Councillor Glen Tait David Gould John Nugent Bill Buckley Frederick Slipp Andrew Beyea Kevin Estabrooks Mayor Norman McFarlane (Chair) J. Patrick Woods (Secretary) Gregory J. Yeomans (Treasurer) Terrence Totten Res ctf fly bmitt ct.f/ aver Norman McFarlane Chair Board of Trustees City of Saint John Pension Plan Appointing Body Common Council Common Council Page 4 Outside Workers — CUPE Local 18 Management/non -union staff Inside Workers — CUPE Local 486 Firefighters — IAFF Local 771 Police — CUPE Local 61 Saint John Retired Members Association Ex- officio, Mayor Ex- officio, Common Clerk Ex- officio, Commissioner of Finance Ex- officio, City Manager CD CD N O M, co 0 W 1 6 a m Z U 2 c O v i + o w N Z a d m a 3 LL N O O0 0 m € m a V 3 {O L N C w d R U 0 � � Q � p MLA aD v N ' � W � p Y1 CD N N � M N a O � pp oo � N � O � TIC6 N � C V O o cO N d a z d E= o;o v � 'a v c � 0 6 w zoe�� U) O Q � LL O V � r2 Z A a 0 a m m N a 8 8 c 0 d v a Ud QQ CD CD N O M, co 0 W 1 6 a m Z U 2 c O v i + o w N Z a d m a 3 LL N O O0 0 m € m a V 3 {O L N C w d R U 0 � � Q � p MLA aD v N ' � W � p Y1 CD N N � M N a O � pp oo � N � O � TIC6 N � C V O o cO N d a z d E= o;o v � 'a v c � 0 6 w zoe�� U) O Q � LL O V � r2 Z A a 0 a m m N a 8 8 c 0 d ASSURANCE SERVICES Financial Statements The City of Saint John — Pension Plan December 31, 2006 ERNST & YOUNG LLP CONTENTS Auditors' Report Statement of Net Assets Available for Benefits 2 Statement of Changes in Net Assets Available for Benefits 3 Notes to Financial Statements Schedule of Administrative Expenses J EM AUDITORS' REPORT To the Board of Trustees: We have audited the statement of net assets available for benefits of The City of Saint John — Pension Plan ( "the Plan') as at December 31, 2006 and the statement of changes in net assets available for benefits for the year then ended. These financial statements are the responsibility of the Plan's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with Canadian generally accepted auditing standards. Those standards require that we plan and perform an audit to obtain reasonable assurance whether the financial statements are free of material misstatement. An. audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. In our opinion, these financial statements present fairly, in all material respects, the financial position of the Plan as at December 31, 2006 and the changes in its financial position for the year then ended in accordance with Canadian generally accepted accounting principles. lf� Y� G�u�x¢LlP Saint John, Canada, (Q/ March 5, 2006. Chartered Accountants JERNST &YOUNG The City of Saint John — Pension Plan As at December 31 STATEMENT OF NET ASSETS AVAILABLE FOR BENEFITS 2006 2005 $ $ Cash and short term notes 7,338,285 12,0901203 Due from The City of Saint John 749624 147,545 Accrued interest and dividends 928,135 7427158 Investments, at market Bonds and Fixed Income Pooled Funds; 10794959759 110,602,031 (cost 2006 - $105,740,847; 2005 - $108,626,769) Stocks and Equity Pooled Funds; 2369423,234 1899318,403 (cost 2006 - $160,748,290; 2005 - $138,196,214) Real Estate Funds 1395039099 — Net assets available for benefits before the following: 365,763,136 312,900,340 Funding due from The City of Saint John (note 41 997419500 14,261,000 Net assets available for benefits 375,504,636 327,161,340 See accompanying notes On behalf of the Trustees eL x Trustee J 2 The City of Saint John - Pension Plan STATEMENT OF CHANGES IN NET ASSETS AVAILABLE FOR BENEFITS Year ended December 31 Funding 2006 2005 7,202,000 $ S Increase in assets Current period change in market values of investments Contributions 39,197,783 The City of Saint John (note 41 16,819,518 3,854,001 Employees 49429,156 4,0411595 21 2489674 71895,596 Investment income Interest 4,616,940 49084,531 Dividends 5,0239616 410225092 Funding due from The City of Saint John [note 4] — 7,202,000 Current period change in market values of investments 4196359463 39,197,783 72,524,693 627402,002 Decrease in assets Pensions paid 177060,579 16,6609839 Funding due from The City of Saint John (note 4] 4,5199500 — Contributions and interest refunded to participants 484,910 808,879 Administrative expenses (schedule) 291169408 1,454,554 24,1819397 181924,272 Net increase in net assets available for benefits 48,343,296 43,4779730 assets See accompanying notes J 3 The City of Saint John - Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2006 1. PLAN SUMMARY The Pension Fund is the accumulation of Plan assets used to fund pensions under the revised City of Saint John Pension Act as enacted on May 12, 1994, as amended to April 28, 2001. The Act is administered by a Board of Trustees representing Common Council of the City of Saint John ( "the City "), management, unionized employees, non- unionized employees and retired employees. The Plan is also subject to the provisions of the New Brunswick Pension Benefits Act which became effective January 1, 1992. The assets of the Plan are held by the Royal Trust Corporation of Canada which acts as custodian of the Plan. The assets of the Plan are managed by six different investment managers who have discretionary investment authority within the investment mandates given to them by the Board of Trustees. The performance of the Plan relative to others is measured on a regular basis by API Asset Performance Inc. Significant features of the Plan are as follows: • The Plan provides for pensions on the defined benefit basis at the rate of 2 % per year of service times the average of the three consecutive years of service having the highest salary. The Plan also provides for disability allowances and survivor benefits. • The Plan provides indexing at the rate of 1% per year on the basis of service between January 1, 1975 and December 31, 1992 and at the rate of 2% after January 1, 1993. • The Plan is funded by employees contributing 8 -1 /2 % of salary and the employer contributing at least 7% of salary. The employer is obligated to make additional contributions, if necessary, to adequately amortize any unfunded liability or solvency deficiency. The employer is currently contributing at a rate of 8.1% of salary. • Contributions become vested after two years. 2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Basis of presentation These financial statements are prepared on the going concern basis and present the aggregate financial position of the Plan as a separate financial reporting entity independent of the sponsor and plan members. They are prepared to assist in reviewing the activities of the Plan for the fiscal period but they do not portray the funding requirements of the Plan or the benefit security of individual plan members. M 4 The City of Saint John - Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2006 2, SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (continued) Basis of accounting The accounts of the Plan are maintained on the accrual basis of accounting. Accordingly, dividend and interest income is accounted for as earned rather than when received. Basis of valuation of investment assets Investments are stated at published market valuations. Pooled fund investments and earnings Certain of the Plan's equity investments are held via units of pooled equity funds. Income earned on these funds is retained within the fund and reflected as part of the current period change in market values. Foreign currency translation Investments denominated in United States dollars are translated at the year end rate of exchange. Foreign exchange gains and losses realized on disposal of United States dollar investments are included as a component of the current period change in market values of investments. 3. ACTUARIAL VALUATION (a) The 2003 actuarial valuation indicated the present value of accumulated plan benefits was $300,780,300 and the adjusted market value of net assets available to provide benefits was $257,233,100 with an estimated unfunded liability of $43,547,200 on a going concern basis. As of December 31, 2003 the liabilities on a solvency basis were $88,852,300 greater than the solvency assets. The significant actuarial assumptions adopted for purposes of the 2003 report were as follows: • Retirement will occur at the earlier of age 65 or attainment of combined age and service of 88 years. This produces an average assumed retirement age of 58.5 years. J The City of Saint John - Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2006 3. ACTUARIAL VALUATION (continued) Valuation assets were taken as the market value of assets. In the previous valuation an adjusted value was used that was limited to the market value of the assets, which produced a value less than the market value at that time. The following are the assumed rates used in the valuation: Investment earnings rate 8.0% per annum Inflation rate 4.0% per annum Real rate of return 3.85% per annum Salary increases 4.5% per annum The projected unit credit actuarial cost method was adopted for purposes of the valuation. The benefit at retirement is projected for each member based on the assumed increases in earnings. Equal units of this projected benefit are assumed to accrue in each year of service. The present value of the portion of the projected benefit deemed to be accrued for service to the valuation date is calculated for each member based on the assumptions outlined above. The total accrued liability is the aggregate of the accrued liabilities determined for each individual member. The total accrued liability is then compared with the assets as at the valuation date to determine the surplus or unfunded liability at that date. Similarly, the present value of the portion of the projected benefit deemed to accrue in respect of the years of service following the valuation date is determined for each individual member. The total normal actuarial cost is equal to the sum of the individual normal actuarial costs so calculated for each member. The residual normal actuarial cost is the excess of the total normal actuarial cost over the member's required contributions. J 6 The City of Saint John - Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2006 3. ACTUARIAL VALUATION (continued) (b) Morneau Sobeco conducted an actuarial valuation of the Plan as of December 31, 2003 and have extrapolated these results to December 31, 2006. The extrapolation indicated a present value of accumulated plan benefits of $348,560,500 and an adjusted market value of net assets available to provide benefits of $365,763,136 creating an actuarial surplus of $17,202,736. The cumulative changes in the present value of benefits during, 2006 were as follows: Actuarial present value of benefits at December 31, 2005 3319304,700 Interest on accrued benefits 269148,700 Benefits accrued 8,648,500 Estimated actuarial present value of benefits at December 31, 2006 148,560,500 4. FUNDING DUE FROM THE CITY OF SAINT JOHN The New Brunswick Pension Benefits Act requires that a solvency deficiency be funded over a period of 5 years unless an exemption is requested to fund over a period of no more than 15 years, or the period to December 31, 2018, whichever is shorter. This exemption has not been requested by the City of Saint John. As an exemption has not been obtained, the maximum funding period is 5 years from December 31, 2003. The minimum funding payment as a level percentage of payroll to fund the solvency deficiency over 5 years is 15.3% starting in 2004. The New Brunswick Pension Benefits Act requires that special funding payments to liquidate a solvency deficiency are to be made in equal monthly installments commencing on the review date of the actuarial valuation, December 31, 2003. Accordingly, a receivable has been recorded on the Pension Plan's Statement of Net Assets Available for Benefits in the amount of $9,741,500 (2006 - $14,261,000) to cover 2004, 2005 and 2006 special funding payments not received during these years along with an interest component at 8 %. .Additional payments are required in 2007 and 2008. 01 The City of Saint John - Pension Plan NOTES TO FINANCIAL STATEMENTS December 31, 2006 4, FUNDING DUE FROM THE CITY OF SAINT JOHN (continued) During 2006 the City of Saint John paid the Plan $12,553,100, which represented required special funding and interest on a going concern basis, for the years 2004 to 2006. The city is still required to make special funding payments, relating to the solvency portion, for 2004 to 2006 as indicated above. There are no terms of collection regarding this amount with the City of Saint John and therefore the timing and final settlement of this amount cannot be determined. 5. FINANCIAL INSTRUMENTS The Plan's financial instruments consist of cash, accounts receivable, temporary and long -term investments, accounts payable and amounts due from related parties. It is management's opinion that as a result of adequate investment diversification the Plan is not exposed to significant interest, currency or credit risks arising from these financial instruments. 6. CONTINGENT LIABILITY A unionized group of employees of a commission have applied to become members . of the Plan. The Plan does not consider these employees to be employees of the City for pension purposes. The outcome of this matter is not determinable at this time. J► The City of Saint John — Pension Plan SCHEDULE OF ADMINISTRATIVE EXPENSES Year ended December 31 2006 2005 Investment management fees 1,472,393 110049793 Administration fees paid to the City of Saint John 100,000 1009000 Performance measurement services 101,608 96,195 Custodian fees 87,014 71,650 Conference and seminar expenses 54,363 60,095 Actuarial and consulting services 125,282 46,949 Legal fees 30,645 36,163 Audit fees 169686 15,266 Consultants fees 107,365 — Miscellaneous 11,802 14,343 Insurance 9 550 91100 2,116,408 1,454,554 J 9 a.1 REPORT TO COMMON COUNCIL August 27, 2007 His Worship Mayor Norman McFarlane And Members of Common Council Your Worship and Councillors: RE: Public Education — Ward Plebiscite BACKGROUND City of Saint John On Monday August 13, 2007 Common Council approved proceeding with a plebiscite regarding implementation of a mixed ward system for election of councillors. The date for the plebiscite has now been set as Tuesday, October 9, 2007. The purpose of this report is to propose a public education program associated with the plebiscite. ANALYSIS: The objectives of the Public Education Program will be: • To educate and inform the public about the plebiscite and about the date for the vote To inform citizens about the current at -large electoral system for Council and the mixed -ward option that is being put forward with the plebiscite To inform the public about the ward boundaries that would be associated with the mixed -ward system The key points are that we need to ensure the public has enough information to make an informed decision on the plebiscite question and to encourage as many people as possible to participate in the vote. The information that will be prepared is to be neutral in nature not favouring either the existing or the new system. It will be presented in easily understandable formats with no opinions given on either alternative. The information will be made available to the public using multiple channels specifically: • The City's website will be updated with all details associated with the plebiscite • A mailer will be sent to every household • Newspaper ads • Radio ads • Public Open House Information sessions to be held throughout the City (eight in total) FINANCIAL IMPLICATIONS: The estimated cost of carrying out the Public Education Program is $55,000. This includes the design, production and distribution costs associated with the campaign and media placement costs. This is an unplanned expenditure and as such no budget provision currently exists within the City's Operating Budget. RECOMMENDATION: That Common Council authorize staff to proceed with the Public Education Program as presented. Respectfully submitted, An rew P. Beckett C.A. Deputy City Manager Programs & Priorities L. Totten F.C.A. r. .1 REPORT TO COMMON COUNCIL IS EK111yalrorl August 24, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Land Acquisition Thorne Avenue Lift Station #4 BACKGROUND: Council, in March of 2007, adopted a policy of expropriation to ensure the timely acquisitions of the lands (save and except those lands owned by corporations with higher expropriating authority than the City) which may form part of the Harbour Clean Up project. The first section of work to be performed in this project is identified as Thorne Avenue Lift Station #4. Staff is now in a position to seek Council's support to adopt a number of resolutions which will effect the expropriation process for this project. The expropriation policy previously adopted by Common Council is largely conceptual; the City must now formalize the various requirements to effect the expropriation process for Lift Station # 4 as well as approve the recommended compensation to be offered to the affected property owners. Premiums to the appraised values are intended to promote goodwill, equity, and ultimately a negotiated voluntary settlement on value. It is suggested that landowners be offered a 25% premium on appraised values. In order to effect the expropriation process, Council will be asked to adopt a number of resolutions, which may include but is not limited to the following: City of Saint John Report to Common Council August 24, 2007 5M Appoint a number of agents for the purpose of conducting investigations as to the soil suitability for sewer infrastructure of the lands to be expropriated; 2. Authorize entry by City employees and agents upon the lands proposed to be expropriated; Authorize execution and delivery of a Notice of Entry with respect to each property proposed to be expropriated; 4. Authorize the City Manager to proceed with negotiations to acquire by agreement the various interests required for the proposed project to a maximum of 25% the appraised value. RECOMMENDATION: Whereas Common Council of The City of Saint John at its meeting of September 265 2006 RESOLVED that as recommended by the City Manager, Common Council approve the funding offer of $5,533,332 from the Municipal Rural Infrastructure Program (MRIP) for Project No. 12283 and that the Mayor and Common Clerk be authorized to sign the agreement; And Whereas the MRIP Agreement was executed by the City's authorized signing officers on September 26, 2006; And Whereas at its meeting of March 26, 2007 Common Council RESOLVED as recommended by the City Manager, Common Council adopt a land acquisition policy for Harbour Clean-Up projects whereby the City utilizes its expropriation rights as a means of ensuring the timely acquisition of any and all the necessary land interests related to the project; And Whereas at its meeting of April 10, 2007 Common Council RESOLVED that as recommended by the City Manager, Council authorize staff to engage Hughes Survey & Consultants Inc. for legal survey and property plans and deStecher Appraisals Ltd. for appraisal services required for the acquisition of all land and easements required for the Thorne Avenue Lift Station 44, sanitary force mains and sanitary collector sewers (also known as project12283); Report to Common Council August 24, 2007 LOOM 1. Resolved that it is the objective of The City of Saint John to construct a sewer lift station ( #4) in the vicinity of Thorne Avenue together with the associated force mains and gravity sewer which shall follow generally the alignment set out on a plan prepared by Crandall Engineering Ltd. and dated February 16, 2007 (final revision June 5, 2007), a copy of which is attached to M &C 2007 -266. 2. Resolved that: (i) the City Solicitor or his designate be authorized to commence and proceed with the expropriation process to acquire access and title to the lands (excepting those owned by the Canadian Government Railways (CNR)) required to permit the construction and operation of the proposed Thorne Avenue Lift Station #4 Project along the alignment shown generally on the plan prepared by Crandall Engineering Ltd. dated February 16, 2007 (final revision June 5, 2007), a copy of which is attached to M &C 2007 -266; (ii) that Common Council hereby appoints each of Fundy Engineering — Environmental, Permitting Work, Boreholes, Geotechnical; Crandall Engineering Ltd. — Engineering, Surveying, Design, Project Management; Hughes Surveys & Consultants Inc. — Surveying, Line Cutting; Lantech Drilling Services — Drilling/Rock Probes /Soil Investigations; Conquest Engineering Ltd. — Geotechnical Analysis and Reporting; W &S General Contractors - Environmental Soil Investigation; Ken Noftell (doing business as Noftell Drilling Services) - Drilling and deStecher Appraisal Ltd. - Appraisal Services if required, its agents to make surveys, take levels, and make such borings, sink such trial pits or conduct such other tests as are necessary to ascertain suitability of the lands to be expropriated for the construction and operation of the said Thorne Avenue Lift Station #4; and (iii) that Common Council hereby authorizes entry by its employees and by its said agents upon the lands to be expropriated for the construction and operation of the Thorne Avenue Lift Station #4 with associated force mains and gravity sewers. Report to Common Council August 24, 2007 M 3. Resolved that: (i) the Mayor and Common Clerk be authorized to execute a Notice of Entry pursuant to the provisions of the Expropriation Act, Chapter E -14, R.S.N.B. 1973 and amendments thereto and the Regulations thereunder with respect to each property on which Lift Station #4 shall be located and through which the associated force mains and gravity sewer shall run, such notice to advise that the City, its employees and its named agents intend to enter upon the properties in question commencing not earlier than September 15, 2007 and continuing as necessary but in no event later than December 31, 2007 for the purpose of conducting activity to determine the suitability of the lands for the purposes of the proposed Lift Station #4, force mains and gravity sewers; and (ii) the City Solicitor or his designate arrange that such Notice of Entry be given in accordance with the requirements of the Expropriation Act. 4. Resolved that the City Manager be directed to proceed to negotiate the acquisition by agreement, all land interests required in connection with the proposed Lift Station 44, associated force mains and gravity sewers to a maximum $25% the appraised values. Respectfully submitted, ( ca,4 tm R. Baird, MCIP Commissioner Planning and Development nee Totten, F.C.A. Ci Manager pu I OiNI og k� iD Ufl lop M r t y ar P: C EE Jj i. '� L.�.• '��f 836 8 �. F' , f r -. . .tom••. p' _. 1 N 11111151,1111IB111511118 F Ile �I�IaI�I�I�IRI�I�l�i=1s i P I e qpp 11111151,1111IB111511118 F Ile �I�IaI�I�I�IRI�I�l�i=1s i P I M & C 2007 -289 August 23, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Berryman Investments Inc. Subdivision Proposed Cost Sharing - 210 Cottage Road BACKGROUND: The above noted subdivision was rezoned to "R -2" One and Two Family Residential on November 6, 2006. At the same time subdivision approval was given to Phase 1, which would result in 49 lots and the development of 98 semi- detached units. Ultimately, there could be over 300 units developed in the area. There has been substantial investigation into the most appropriate routing and costing of the trunk sewer extension, which would service the proposed development and some of the existing residential properties. On May 8, 2007 Council authorized the City Manager to finalize negotiations with the developer to cost share in the extension of trunk services on the basis that a lot levy would be charged to recover the costs as development proceeds. ANALYSIS: The cost of extending trunk services (water & sewer) to the subdivision has been estimated at $336,410 including contingency. The cost of securing the required easement totals an additional $47,000. This can be rounded to $385,000. The total number of units to be ultimately serviced is proposed to be 335. The total cost per unit would therefore be $1,150 ($2,300 per two family duplex). This is an acceptable level of investment per lot if the timing of this expenditure can be tied to the development of lots. In other cases where the City has assisted in trunk extensions or pumping station upgrades, there is a division of responsibility between the developer and the City. The developer undertakes the construction and pays a portion (first phase), the City pays for the existing residential units serviced, and the developer agrees to pay the City a "levy" for the remaining lots when they are developed. Report to Common Council Page 2 August 23, 2007 In this case there are 15 existing homes (and a few existing vacant lots) which in the end would total 19 units. The City would therefore contribute $21,850, which would provide service for existing residents. The developer has an initial phase which will result in 98 dwelling units (49 two family buildings). Therefore the developer will be responsible for $112,700 (29 %) of the cost of the trunk service extension. The final amount, $250,700 would be contributed by the City but recovered at a rate of $1,150 per unit when the additional 218 units are developed. Engineering plans have been prepared and approved by the City and the developer is anxious to proceed. It is proposed that Council amend its authorization to execute the necessary subdivision agreement to provide for the contributions and levies outlined above. The subdivision agreement will provide for the standard $2 million insurance as work will be occurring within the existing street right of way. No monies would be paid until the work is completed, inspected and accepted by the City as satisfactory. The developer also intends to install the necessary services within the subdivision and will be providing the standard security prior to any lots being registered. While this is a substantial investment by the City, the development potential in this development alone leads to a full repayment by means of the levy. The developer is responsible for 29% of the cost initially and will be making a substantial investment ($1.15 million) within the subdivision to service to proposed lots. RECOMMENDATION: 1. That Council amend its November 6, 2006 authorization to execute a Subdivision Agreement by adding provisions requiring that: a) That the City contribute a maximum of $28,850 to the cost of trunk services extension which represents 19/335th of the actual cost (excluding HST) to service existing properties on Old Black River road. b) The City contribute a maximum of $250,700 to the cost of the trunk service extensions which represents 218/335th of the actual cost (excluding HST) to provide for fixture servicing capacity. C) The developer agrees to pay a levy of $1,150 per residential unit, after the initial 98 units, prior to the approval of the final subdivision plan by the Development Officer Report to Common Council August 23, 2007 Page 3 d) The payments provided in (a) and (b) be made when i) the construction has been complete, inspected and accepted by the Chief City Engineer or designate and ii) invoices have been submitted to the Chief City Engineer or designate by a professional engineer supervising the installation confirming the final costs. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager JRB /mmf ' Y ! 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I Q Off: M &C- 2007 -291 August 23, 2007 Her Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Residential Infrastructure Assistance #40, 41 & 42 Summit Drive, Eagle Boulevard and Cottage Road ANALYSIS: On May 7, 2001, Council approved the establishment of a program to assist developers with the installation of services for residential developments. The following applications have been received and qualify for assistance as set out in the program guidelines: Applicant Location # and Type Estimated of Units 2007 Assistance #40 North Star Summit Drive 56 one & $84,000 Holdings Ltd. two family #41 North Star Eagle Boulevard 31 one & $90,000 Holdings Ltd. two family #42 Berryman Investments Cottage Road and 98 semi $588,000 Inc. Old Black River Road detached Both of the developments by North Star Holdings Ltd. had previous subdivision approvals and are the result of land sales by the City. The Berryman Investments Inc. proposal had been approved previously but did not proceed. The actual amount of assistance provided will depend on the actual service costs experienced, and the phasing of the development. Report to Common Council August 23 2007 RECOMMENDATION: Page 2 It is recommended that Common Council approve Residential Infrastructure Assistance for: #40 North Star Holdings Ltd. development of Lakewood Subdivision off summit Drive with an estimated 2007 expenditure of $84,000. #41 North Star Holdings Ltd. development of land off Eagle Boulevard with an estimated 2007 expenditure of $90,000. #42 Berryman Investments Inc. development of land off Cottage Road and Old Black River Road with an estimated expenditure of $588,000. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager JRB:mmf PLANNING AND DEVELOPMENT / URBANISME ET DEVELOPPEMENT i — • • ■ • • ■ ■ • • • • • • • • • • • • ■ ■ ■ ■ - • ■ ■ • ■ ■ • ■ ■ ■ ■ • ■ ■ • • • • ■ • • ■ • ■ • ■ ■ • • • ■ f • ■ ■ • • ■ • • • - • ■ Subject Site: Location. 75 bout. Eagle Blvd. Date: May /mai 17, 2005 Scale /echelle: 1:3000 _k all V46. site en question: •� ■�,, ■�.�.� ■i ■i.i ■,also,# , • 'ci ■ t• 4(r. t• 3 � - u — ■ 14 30 m st tt ` 48 31 � ss t M s. 41 w' u = a .t .s O PID(s) /NIP(s): 00456590 M & C — 2007- 288 August 16, 2007 His Worship Mayor Norm McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Sale of City Owned Land - Ashburn Lake Road BACKGROUND: In early August, staff was contacted by representatives of Clear View Mobile Homes Ltd. (Clear View) regarding their interest in purchasing PID 53025, 672- 675 Ashburn Lake Road. The prospective purchaser hopes to acquire this parcel as part of a future development project in conjunction with adjoining lands either owned or under option by the aforesaid purchaser. If successful in its attempt to purchase, the proponent will file in short order for a proposed amendment to the Municipal Plan and the Zoning By -law in relation to the adjoining lands. Clear View forwarded a deposit cheque payable to the City in the amount of $1,000, an Agreement of Purchase and Sale as well as a copy of an appraisal to support the offer price. The subject land is a 6.33 acre + /- site of which 3.89 acres + /- are located within the flood zone while 2.45 acres + /- are located above the flood zone. As mentioned, the parcel is located on Ashburn Lake Road fronting on both sides of the road. The neighbourhood is comprised of commercial and light industrial properties with a few interspaced residential dwellings. The majority of the land in this area is in a natural, undeveloped state. The site is designated as "RF" Rural. Its immediate surrounding developments are zoned either "RS -2" and "I -1" Light Industrial. As mentioned, the proposed development does require an amendment to the Municipal Plan and a rezoning of the land in question. Report to Common Council Page 2 August 16, 2007 It is the policy of the City that unsolicited offers to purchase City lands shall be received with an offer of appraised value plus 10 %. In this instance the offer does allow for the 10% above appraised value for that portion of land outside of the flood risk area as well as an offer to exchange a 3.89 acres portion of PID 55003222, or alternate 3.89 acre parcel Clear View hopes to acquire subsequent to this Report to Council. RECOMMENDATION: That The City of Saint John sells PID 53025, 672 -675 Ashburn Lake Road to Clear View Mobile Homes Ltd. under the terms and conditions contained in the attached Agreement of Purchase and Sale; and that Clear View Mobile Homes Ltd. be authorized to seek an amendment to the Municipal Plan and apply for a rezoning of the subject parcel however Common Council are not explicitly or implicitly obligated to approve any amendment the Municipal Plan or any rezoning, and further that the Mayor and Common Clerk be authorized to execute any document required to effect this transfer. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager Attachment BI:mmf THIS AGREEMENT made as of the 2nd day of August, A.D. 2007. BETWEEN: The City of Saint John, a municipal corporation, (hereinafter called the "Vendor ") OF THE FIRST PART - and - Clear View Mobile Homes Ltd., a body corporate, (hereinafter called the "Purchaser ") OF THE SECOND PART WITNESSETH: 1. THAT the Vendor agrees to sell to the Purchaser in fee simple free from all encumbrances and the Purchaser agrees to purchase from the Vendor, all that certain lot, piece or parcel of land situate, lying and being known as 672 -675 Ashburn Road, Saint John, NB having PID number 53025 (the "Property "). 20 THAT the purchase price of the Property shall be: (a) $47,162.52 plus applicable taxes for 2.45 acres of the Property not in flood plain; and (b) The conveyance of 3.89 acres of property owned by the Purchaser within the City of Saint John flood plain and located on Ashburn Road, Saint John, NB and being a portion of PID Number 55003222 or the conveyance of such other 3.89 acres of property within the said flood plain which may now be owned by the Purchaser or will be acquired by the Purchaser before the Closing Date, the said other property being agreeable to the Vendor and the Purchaser acting reasonably. The sum of One Thousand Dollars ($1,000.00) payable to the Vendor shall be delivered b y the Purchaser to the Vendor as a deposit (the "Deposit "), to be held by the Vendor pending completion or other termination of this Agreement and to be credited on account of the purchase price on closing. A 3. Date "). 2 THAT the closing date shall be December 28, 2007, (the "Closing 4. THAT the Purchaser shall investigate the title to the Property at the Purchaser's expense and shall have ninety (90) days from the date hereof for that purpose. The Purchaser shall be deemed to have accepted title except as regards any objections to or requisitions on title delivered to the Vendor within the said period. If the Purchaser shall so make any requisition on title which the Vendor may be unable or unwilling to comply with, the Vendor may (notwithstanding any intermediate negotiations or attempts to remove such objections or to comply with such requisitions) at the Vendor's option cancel this Agreement by delivering notice to that effect to the Purchaser. In the event of such notice of cancellation, the Purchaser may within ten (10) days after receipt thereof waive the objection to or requisition on title which occasioned such notice by delivering to the Vendor written advice to that effect whereupon this agreement shall be reinstated in full force and effect. If this agreement shall be cancelled by reason of the inability or unwillingness of the Vendor to meet a lawful requisition on or objection to title, the sum of One Thousand Dollars ($1,000.00) paid as a deposit shall be returned to the Purchaser without interest by the Vendor but the Vendor shall not be liable for any loss, costs, damages or expenses suffered or incurred by the Purchaser. 50 THAT the Vendor shall deliver to the Purchaser on the Closing Date a transfer in registerable form, approved by the Purchaser. 6. environme THIS Agreement is conditional upon the Purchaser obtaining such ntai and /or Gen Technical assessments and reports which the Purchaser deems necessary (the "Due Diligence ") with the Due Diligence being satis within ninety (90) days from the date hereof, factory to the Purchaser. If the Purchaser is not satisfied with the Due Diligence, then the Purchaser may give notice of cancellation of the Agreement of Sale to the Vendor within the ninety (90) day period herein before referred to, in which case the Vendor shall forthwith return to the Purchaser, the sum of One Thousand Dollars ($1,000.00) paid by the Purchaser to the Vendor. 70 THAT the Vendor gives the Purchaser the right and authority to apply to rezone the Property for purposes acceptable to it. 8. THAT the Vendor hereby grants to the Purchaser, its agents and employees, the ri ht to enter upon the Property for the purpose of conducting such tests g K as the Purchaser feels necessary to determine the suitability of the Property for its purposes and to carry out the Due Diligence. 90 THAT all normal adjustments, including real property taxes shall be adjusted as of the Closing Date. 10. THAT time shall be of the essence in this Agreement. 11. THAT notice in writing permitted or required to be given hereunder shall y art delivered b the giving be properly given if party g g notice to the other party or to the other art 's la er which in the case of the Vendor is Lynda D. Farrell, City Solicitor's F Y wY Office, City Hall, Market Square, PO B ox 1971, Saint John, NB E2L 4L 1, Fax number (506)- 649-7939 or in the case of the Purchaser is William H. Teed, Q.C. of Cox and Palmer, P. O. Box 1324, Saint John, New Brunswick, Fax number (506) -632 -8809. All such notices sent via telecopier shall be deemed to be received on the date sent. 120 This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 13. This Agreement shall be construed and enforced in accordance with the laws of the Province of New Brunswick. IN WITNESS WHEREOF the Vendor and the Purchaser have hereunto set their respective hands and seals the day and year first hereinbefore written. SIGNED, SEALED AND DELIVERED by the Vendor in the presence of SIGNED, SEALED AND DELIVERED by the urchaser in thsence of The City of Saint John per: Mayor per: Common Clerk Clear View M per: ilelfomes Ltd. icer M & C — 2007 -287 August 24, 2007 His Worship Mayor N. M. McFarlane and Members of Common Council Your Worship and Councillors: SUBJECT: Lease of Stalls 6 &7 City Market BACKGROUND: In May of 2007 staff reported to Council regarding the status of negotiations with the principals of Linja Consumers Canada Ltd. ( Linja), Bob and Alice Lee. At that time, several items required closure prior to staff reporting back to Council in the matter. Staff is now pleased to present the Lease Agreement negotiated with Linja for Council's consideration. The Lease provides the Lessee with a 10 year term, rents ranging from $23.00 to $32.00 p.s.f., a $27.50 average. The tenant will be releasing approximately 40 sq. ft. from its gross leaseable area to permit the City to create its emergency exit from the basement of the Market to North Market St. The City for its part shall perform the storefront renovations at its sole cost (estimated value of $15,000), at times which are mutually acceptable to both City staff and the Lessee. The Lessee struggled with the release of the 40 square feet to permit the installation of an emergency exit form the Market basement. The tenant's stairs will require turning, taking away from the floor space. This already tight retail space will become more challenging to effectively merchandise. Ultimately the Lee's appreciate the safety issue and agreed to release the area. Mrs. Lee has formally requested Council's support to have the emergency exit build out delayed until after the end of "Cruise Ship Season ", November 2007. The Building Inspector for his part has been anxious to remedy the emergency exit item for several months and has been patient while negotiations have occurred. The Building Inspector is committed to performing this work in an unobtrusive manner at times which would minimize the impact on the tenants operations. Report to Common Council August 24, 2007 Page 2 Staff struggled with the commitment to build out the Linja storefront renovations as the payback to the City is longer than typical at 5 years. The critical aspect of this negotiation for the City was to retain this long standing tenant and secure a facelift which would create a more heritage look and feel while trying to respect the ethnic and cultural elements of the retail operation. Both parties feel like significant concessions were made in order to move forward. Bob and Alice Lee have been retailing in the City Market for more than 3 decades. The attached agreement will provide the City and the Lee's another decade of retailing tradition in the City Market. RECOMMENDATION: 1. That The City of Saint John enters into a Lease of Space for Stalls 6 and 7 at the City Market with Linja Consumers Canada Ltd. as per the terms and conditions as contained in the Lease attached herewith to M &C 2007 -287; and 2. that Common Council give 1St and 2nd reading to the attached "City Market By -Law" whereby section 5(2) is amended to add following Section 5(2)(n), Section 5(2)(0) Stalls 6 & 7; and 2. further that the Mayor and Common Clerk be authorized to execute the Lease or any other document required to fmalize the transaction. Respectfully submitted, Jim R. Baird, MCIP Commissioner Planning and Development Terrence Totten, F.C.A. City Manager BI:111 Form A19 LEASE Standard Forms of Conveyances Act, S.N.B. 1980, c. S42, s.2 The parties to this lease are: The City of Saint John, having its City Hall at 15 Market Square, Saint John, New Brunswick, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, the "Lessor" - and — Linja Consumers Canada Ltd., P. O. Box 6215, Saint John, NB, E21, 4R7, the "Lessee" The "Rules and Regulations" attached hereto as Schedule "D" and the Form attached hereto as Schedule "D -1" form parr of this Lease. The Lessor leases to the Lessee the premises described in Schedule "A" attached hereto on the following conditions: Duration: Date of Commencement. Date of Termination: Payment Dates. Place of Payment. 10 years September 1, 2007 August 31, 2017 First day of each and every month during the term hereof Cashier's Office City Hall Saint John, NB This lease contains the covenants and conditions which are attached and set out in Schedule "C ". DATED as of SIGNED, SEALED & DE LIVERED In the presence of: 2007. THE CITY OF SAINT JOHN N.M. McFarlane, Mayor J. Patrick Woods, Common Clerk Common Council Resolution: , 2007. LINJA CONSUMERS CANADA LTD. Per. And: f MEZZANINE FLOOR (LE SCALE: 1/4" =1' --0" GROUND FLOOR (LEASE SCALE: 1/4"=V 0" ABLE AREA_715-s.f.) LEASE PLAN for LINJA CONSUMERS CANADA LTD. (COPIES: B I /Z" x 14" ARE NOT TO SCALE) 2 - LEASE FOR STALL SPACE CITY MARKET LINJA CONSUMERS CANADA LTD. SCHEDULE "C" ARTICLE I DEFINITIONS 1001 Definitions In this lease: a) "Additional Rent" means all and any monies required to be paid by the Lessee to the Lessor under or pursuant to the terms of this Lease, save only for Gross Rent; b) "Architect" shall option of the Architect and parties hereto, mean the architect from time to time named by the Lessor or at the Lessor, the Lessor's general contractor. Any certificate provided by the called for by the terms of this Lease shall be final and binding on the c) "Commencement Date" means a date determined in accordance with the provisions of Section 2.03; d) "Common Areas" means those areas, facilities, utilities, improvements, equipment and installations in the City Market which from time to time are not designated or intended by the Lessor to be leased to tenants of the City Market, and those areas, facilities, utilities, improvements, equipment and installations which serve or are for the benefit of the City Market whether or not located in, adjacent to or near the City Market and which are designated from time to time by the Lessor as part of the Common Areas. Without limiting the generality of the foregoing, Common Areas includes all parking areas, all entrances and exits thereto and all structural elements thereof, access roads, truck courts, driveways, truckways, delivery passages, the roof, exterior weather walls, exterior and interior structural elements and bearing walls in the building and improvements comprising the City Market, package pick -up stations, loading and related areas, pedestrian stairways, ramps, electrical, telephone, meter, valve, mechanical, mail storage service and janitor rooms and galleries, fire preventions, security and communication systems, columns, pipes, electrical, plumbing, drainage, any central system for the provision of heating, ventilating or air conditioning to leaseable premises or any enclosed Common Areas and all other installations, equipment or services located therein or related thereto as well as the structures housing installations, including but not limited to all open and enclosed malls, courts and arcades, public seating and service areas, corridors, furniture, first aid and/or information stations, auditoria, conference rooms, nurseries, childcare play areas and related kitchen and storage facilities, escalators, elevators, public washrooms, music systems and any atrium seating/food court, e) "C.P.1." means the Consumer Price in substitution for the Consumer Pr designated by the Lessor, if it is no by any successor thereof or any agency); Index (All Items) for Canada (or any index published Dice Index or any other replacement index reasonably longer published) published by Statistics Canada (or other governmental agency, including a provincial f) "Atrium Seating/Food Court" means those portions of the Common Areas designated by the Lessor from time to time for use in support of the operations of any group of premises providing quick food service to customers of the City Market and includes, without limiting the generality of the foregoing, public table and seating areas, waste collection facilities and other areas, facilities and equipment intended for such use; g) "Gross Receipts" means the total of all gross sales and receipts from all business conducted upon or from the Leased Premises, whether or not by the Lessee, and whether for cash, cheques, credit, charge account, exchange or otherwise, and shall include, but not be limited to, amounts received or receivable from the sale of goods or services and the amount of all orders taken or received at the Leased Premises regardless of where they are filled, whether such sales be made at a sales desk or counter, over the telephone or by any vending device. Interest, instalment, finance charges and deposits will be included, and bank or collection agency charges and uncollectible amount or bad debts will not be deducted. A credit or instalment sale will be considered as a sale for the full in the month i price which it takes place. Gross Receipts shall not include: i. sales for which the customer has received a refund, provided that the original sale was included in Gross Receipts; 3 - ii. sales of merchandise in exchange for returned merchandise, but only to the extent the original sale of the returned merchandise was included in Gross Receipts; iii. HST and any other sales, use, excise or gross receipts tax directly on sales and collected from customers at the point of sale, provided that the amount thereof is added to the selling price and shown and/or collected as a separate item, and paid by the Lessee to such governmental authority; iv. delivery charges; v. transfers of merchandise between stores of the Lessee or returned to suppliers of the Lessee, but only if such transfer or return is not for the purpose of reducing Gross Receipts. h) "HST" means harmonized sales taxes, value -added taxes, multi -stage taxes, business transfer taxes or other similar taxes however they are characterized and any taxes in lieu thereof; i) "Hazardous Substances" means any contaminant, pollutant, dangerous substance, potentially dangerous substance, noxious substance, toxic substance, hazardous waste, flammable, explosive or radioactive material, urea formaldehyde foam insulation, asbestos, PCB's or any other substances or materials that are declared or defined to be hazardous, toxic, contaminants or pollutants in or pursuant to any applicable federal, provincial or municipal statute, by-law or regulation; j) "Lessor" includes the Lessor and its successors and assigns; k) "Lease" means this indenture of lease and includes any riders and schedules hereto and shall also include any agreements entered into which have the effect of amending this indenture from time to time; 1) "Leased Premises" means the premises leased to the Lessee as referred to and described in Section 2.01 hereof. Save as mentioned below, the boundaries of the Leased Premises shall extend from the top surface of the structural subfloor to the bottom surface of the structural ceiling. If the Leased Premises have no ceiling abutting the demising walls, but rather are open to the ceiling of the City Market building, the boundaries of the Leased Premises extend from the top surface of the structural subfloor to the height of the demising walls; m) "Lease Year" shall mean a period of Commencement Date and ending on the Commencement Date. Thereafter Lea; twelve calendar months ending in each Year of the Term which shall terminate Lease, as the case may be; time, the first Lease Year commencing on the 31'' day of December in the calendar year of the se Years shall consist of consecutive periods of case on December 315% save for the last Lease upon the expiration or earlier termination of this n) "Gross Rent" means the annual Gross Rent payable by the Lessee pursuant to Section 3.01; o) "Operating, Costs" means the total cost and expense incurred in owning, operating, maintaining, managing and administering the City Market and the Common Areas, specifically including without limiting the generality of the foregoing, any capital or place of ownership taxes levied against the Lessor or any owners of the City Market on account of their interest in the City Market, in an amount equitably allocated to the City Market by the Lessor; gardening and landscaping charges; the cost and expenses of taking out the insurance described in Section 9.03; cleaning, snow removal, garbage and waste collection and disposal; lighting, electricity, public utilities, loud speakers, public address and musical broadcasting systems and any telephone answering service used in or serving the City Market, and the cost of electricity and maintenance for any signs designated by the Lessor as part of the Common Areas; policing, security, supervision and traffic control; salaries and benefits of all supervisory and other personnel employed in connection with the City Market and management office rent imputed to the City Market by the Lessor, acting reasonably; Management Fee, the cost of providing additional parking or other Common Areas for the benefit of the City Market, whether such costs be Taxes or other type of costs; the costs and expenses of environmental site reviews and investigations, removal and/or clean -up of Hazardous Substances from the Common ,Areas; the cost of the rental of any equipment and signs and the costs of supplies used in the maintenance and operation of the City Market and the Common Areas; accounting and audit fees incurred in the preparation of the statements required to be prepared and supplied by the Lessor under the terms of this Lease; heating, ventilating and air conditioning of the Common Areas; all repairs and replacements to and maintenance and operation of the City Market and the Common Areas; depreciation or amortization of the costs, including repair and replacement, of all maintenance and 4 - cleaning equipment, master utility meters, and all other fixtures, equipment, and facilities serving or comprising the City Market or the Common Areas, which are not charged fully in the Lease Year in which they are incurred, from the earlier of the date when the cost was incurred or the Commencement Date, at rates on the various items determined from time to time by the Lessor in accordance with sound accounting principles, P) "Proportionate Share" means a fraction, the numerator of which is the Rentable Area of the Leased Premises and the denominator of which is the Rentable Area of the City Market; q) "Rent" means all Gross Rent and Additional Rent payable pursuant to the terms of this Lease, r) "Rentable Area of the Leased Premises" means the area expressed in square feet of all floors of the Leased Premises measured from. i. the exterior face of all exterior walls, doors and windows; iie the exterior face of all interior walls, doors and windows separating the Leased Premises from Common Areas; if any; and iii. the centre line of all interior walls separating the .Leased Premises from adjoining leasable premises. The Rentable Area of the Leased Premises includes all interior space whether or not occupied by projections, structures or columns, structural or non - structural, and if the store front is recessed from the lease line, the area of such recess for all purposes lies within the Rentable Area of the Leased Premises. s) "Rentable Area of the City Market" means the area in square feet of all rentable premises in the City Market set aside for leasing by the Lessor from time to time, except for any occupancy as designated by the Lessor for which there is no Gross Rent payable. Provided however that the Lessor shall credit to Operating Costs any contributions received in respect of such Operating Costs from the occupants of any of the areas excluded from the Rentable Area of the City Market in accordance with this definition. Provided further that in determining the fraction that is the Lessee's Proportionate Share, if the Leased Premises consists of any of the foregoing excluded categories, the Rentable Area of that category will be included in the Rentable Area of the City Market; t) "Rules and Regulations" means the rules and regulations adopted and promulgated by the Lessor from time to time acting reasonably, including those listed on Schedule "D "; u) "City Market" means the lands and premises known by the civic address 47 Charlotte Street, Saint John, New Brunswick, as such lands and premises may be altered, expanded or reduced from time to time and the buildings, improvements, equipment and facilities erected thereon or situate from time to time therein; v) "Taxes" means all duties, real property taxes, charges, assessments and payments, from time to time levied, assessed or imposed upon the City Market or any part thereof or upon the Lessor by reason of its ownership of the City Market, by any taxing authority. Taxes shall also include any penalties, late payment or interest charges imposed by any municipality or other taxing authority as a result of the Lessee's late payments of any taxes or instalments thereof. For greater certainty "Taxes" shall exclude any penalties or interest incurred by the Lessor as a result of its failure to pay Taxes in a timely manner, except Taxes shall include any interest in respect of a deferral of payment in accordance with sound accounting practices if permitted by statute or pursuant to an agreement with the taxing authority; and (ii) income, profit or excess profits taxes of the Lessor; w) "Lessee" means the party named as Lessee in this Lease; and x) "Term" means the period referred to in Section 2.03. ARTICLE II GRANT, TERM AND INTENT 2.01 Leased Premises In consideration of the rents, covenants and agreements hereinafter reserved and contained on the part of the Lessee to be paid, observed and performed, the Lessor demises and leases to the Lessee and the 5 - Lessee leases from the Lessor, the Leased Premises. The Leased Premises are presently designated as Stalls No. 6 and 7, together with Eighty Eight Square Feet (88 W) of Mezzanine space above Stall 6, Sixty Square Feet (60 ft2) of Basement Space and bench space, all as shown on Schedule "A" attached hereto and contain a Rentable Area of approximately Seven Hundred Ninety Five Square Feet (795 ft2)0 In the event the Leased Premises is re ^measured the Lessee shall pay all rents based on a maximum square footage of Seven Hundred Ninety Five Square Feet (795 ft2). 2902 Use of Common Areas The use and occupation by the Lessee of the Leased Premises shall entitle the Lessee to the use in common with all others entitled thereto of the Common Areas, subject however, to the terms and conditions of this Lease and to reasonable rules and regulations for the use thereof as prescribed from time to time by the Landlord. 2903 Term of Lease TO HAVE AND TO HOLD the Leased Premises for and during the term of ten (10) years to be computed from September 1, 2007 and fully to be completed and ended on August 31, 2017 save as hereinafter provided for earlier termination. PROVIDED THAT' if there is any Lessor's Work or Lessee's Work to be performed prior to the Lessee opening for business in the Leased Premises or the Leased Premises are occupied by a third party as of the date of this Lease, the Commencement Date shall be the earlier of: a) forty -five (45) days after the Lessor has delivered vacant possession of the Leased Premises to the Lessee notwithstanding that the Lessor may still, during such forty -five (45) day period, be completing its work; or b) the opening by the Lessee to the public of its business in the Leased Premises. Notwithstanding any change in the Commencement Date calculated in accordance with the preceding provisions hereof, the Terms shall expire on the date set for such expiry in the first paragraph of this Section 2.03, subject always to earlier termination as provided for in this Lease. PROVIDED THAI' upon the Lessor or its Architect giving notice to the Lessee that the Leased Premises are available for the commencement of the Lessee's Work, the Lessee shall immediately take possession of the Leased Premises and shall occupy same for the purpose of fixturing and installing its inventory, at its own risk, for a period of ** ( * *) days after receipt of such notice or until the Lessee opens for business to the public in the Leased Premises, free of the payment of Gross Rent, and Additional Rent save for the obligation of the Lessee to pay for all utility charges used by the Lessee or consumed in the Leased Premises during the period of such fxturing, and shall during the period from the giving of such notice until the Commencement Date be a tenant in the Leased Premises subject to the same covenants and agreements as are contained in this Lease, mutatis mutandis. FURTHER PROVIDED THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY, if the Lessor is unable to deliver vacant possession of the Leased Premises to the Lessee for any reason, including but not limited to the holding over or retention of possession of any other lessee or occupant, or the lack of completion of any repairs, improvements or alterations required to be completed before the Lessee's occupancy of the Leased Premises, then the time for commencement of the Term shall be extended to correspond with the period of delay and the Lessee shall not be entitled to any abatement or diminution of Rent (except that Rent shall not commence to be payable until possession of the Leased Premises is given by the Lessor to the Lessee) nor shall the validity of this Lease or the parties' respective obligations hereunder be affected. However, if the Lessor does not give vacant possession of the Leased Premises to the Lessee within six (6) months of the date of this Lease, then the Lessor may, at is option, terminate this Lease by written notice to the Lessee and in such event this Lease shall be null and void and of no effect whatsoever. Any deposit paid by the Lessee to the Lessor shall be returned without interest or deduction, and neither party shall have any further liability to the other. Forthwith, upon they Commencement Date being determined in accordance with the foregoing, the Lessee shall execute an acknowledgement of same on Lessor's usual form. The Lessee shall pay all Gross Rent and Additional Rent calculated on a per diem basis to the last day of the month in which -the Commencement Date occurs and thereafter all payments of Rent shall be made on the first day of each month throughout the Term unless otherwise specified herein. 2.04 Option to Renew The Lessee shall have the option to renew this Lease for a further one (1) term of five (5) years at the then prevailing market rate by providing written notice of its intention to renew to the Lessor no later than six (6) months prior to the expiration of the Initial Term. In the event that the Lessor and the Lessee o not agree on the then prevailing market rate, such rate may be determined by a single arbitrator d g P appointed by agreement between the Lessor and the Lessee pursuant to the Arbitration Act. 6 - ARTICLE III RENT AND DEPOSIT 3901 Gross Rent The Lessee shall pay annual Gross Rent to the average amount of Twenty Seven Dollars and Fifty Cents ($27.50) per square foot of Leased Premises. The Gross Rent shall be paid in equal monthly instalments, monthly in advance. According to the following schedule. Year i Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 1 $1,523.75 $1,590.00 $1,656.25 $1,722.50 $1 ,788.75 $1,855.00 $1,921.25 $1,987.50 $2,053.75 0 - $2,120900 3902 Reports by Lessee monthly monthly monthly monthly monthly monthly monthly monthly monthly monthly ($23.00 ($24.00 ($25.00 ($26.00 ($27.00 ($28.00 ($29.00 ($30.00 ($31.00 ($32.00 per per per per per per per per per per square square square square square square square square square square foot) foot) foot) foot) foot) foot) foot) foot) foot) foot) a) The Lessee shall submit to the Lessor on or before the 10`x' day following the end of each calendar month during the Term and including the 10`h day of the month following the end of the Term, at the place then fixed for the payment of Rent, a written statement signed by -the Lessee showing the amount of Gross Receipts for the preceding month (and fractional month, if any) and the amount of Gross Receipts for all preceding months of such Lease; Year, b) On or before the 60`" day following the end of each Lease Year (including the last Lease Year of the Term) the Lessee shall submit to the Lessor a statement in such form, style and scope as the Lessor reasonably determines, showing the amount of Gross Receipts during the preceding Lease Year, which statement shall be duly certified to be correct by the Lessee;. The Lessee will not change its procedure relating to any aspect of its reporting of Gross Receipts without the prior written consent of the Lessor, which consent shall not be unreasonably withheld. c) In addition to any other reports required by this Section 3.02, the Lessee shall also supply to the Lessor a statement of the approximate amount of Gross Receipts during any particular week in respect of which such a statement is requested by the Lessor, it being acknowledged that such weekly statement will be requested during weeks when promotions or other special activities are being carried on in the City Market. 3903 Audit (Mandatory when rent calculation based on Lessee's sales) At its option, the Lessor may cause, at any reasonable time upon five (5) days' prior written notice to the Lessee, a complete audit to be made of the Lessee's entire business affairs and records relating to the Leased Premises for the period covered by any statement issued by the Lessee pursuant to Section 3.02. Any information obtained by the Lessor as a result of such audit shall be held in strict confidence by the Lessor. 3904 Rent Past Due If the Lessee fails to pay, when the same is due and payable, any Gross Rent, Additional Rent or other amount payable by the Lessee under this Lease, such unpaid amounts shall bear interest from the due date thereof to the date of payment, compounded monthly at the rate equal to four (4) percentage points in excess of the Prime Rate. 105 Deposit — Not Applicable The Lessor acknowledges receipt of * *Dollars ($ * *) which it will apply towards the payment of Gross Rent for the first and last months of the Term except that the Lessor may apply all or part of the amount retained for application towards the last month's Gross Rent as compensation for any loss or damage arising from the breach by the Lessee of any provisions of this Lease. This right will not be construed to limit the Lessor's other rights under this Lease or at law or to limit the amount recoverable by the Lessor for damages in respect of breaches by the Lessee of this Lease. If the Lessor uses all or part of 7 - the deposit for the last month's Gross Rent as provided above, the Lessee will, upon notification by the Lessor, pay to the Lessor the amount required to reimburse it for the amounts so applied. The Lessor will not be required to pay interest to the Lessee on any of the amounts paid to the Lessor or retained by it under this section. The Lessor may deliver the aforesaid deposit to any purchaser of the Lessor's interest in the City Market or any part thereof, whereupon the Lessor will immediately be discharged from any further liability with respect to the deposit. The Lessee will not assign or encumber its interest in the deposit except in connection with a permitted Transfer, in which case the Lessee's interest in the deposit will be deemed to have been assigned to the permitted Transferee as of the date of the Transfer. 3.06 Pre - Authorized Payments/Postdated Cheques The Lessee may participate in a pre - authorized payment plan whereby the Lessor will be authorized to debit the Lessee's bank account each month from time to time during each Lease Year in an amount equal to the Gross Rent and Additional Rent payable on a monthly basis, and, if applicable, generally any amount payable provisionally pursuant to the provisions of this Lease on an estimated basis. In the event the Lessee opts to participate in the pre - authorized payment plan, the Lessee shall sign a form of application which is the same or similar to Schedule "DA ", to give full force and effect to the foregoing within five (5) days of presentation. In lieu of the pre- authorized payment plan referred to above, the Lessor shall be entitled to require the Lessee to present at the beginning of each Lease Year a series of monthly postdated cheques for each such Lease Year for the aggregate of the monthly payments of Gross Rent payable on a monthly basis, and, if applicable, any amount payable provisionally pursuant to the provisions of this Lease on an estimated basis. ARTICLE IV TAXES Ul Taxes Payable by the Lessor The Lessor shall pay all Taxes which are levied, rated, charged or assessed against the City Market or any part thereof subject always to the provisions of this Lease regarding payment of Taxes by the Lessee. However, the Lessor may defer payment of any such Taxes or defer compliance with any statute, law, by -law, regulation or ordinance in connection with the levying of any such Taxes in each case to the fullest extent permitted by law, so long as it diligently prosecutes any contest or appeal of any such Taxes. 4902 Taxes Payable by Lessee a) The Lessee shall during the Term pay, without any deduction, abatement or set -off whatsoever, all Taxes levied, laid or assessed on or against the Leased Premises; b) In the case of assessments for local improvements or betterments which are assessed or imposed during the term and which may by law be payable in instalments, the Lessee shall only be obligated to pay such instalments as same fall due during the Term, together with interest on deferred payments; c) In any suit or proceeding of any kind or nature arising or growing out of the failure of the Lessee to keep any covenant contained in this Article, the certificate or receipt of the department, officer or bureau charged with collection of the Taxes, showing that the tax, assessment: or other charge affecting the Leased Premises is due and payable or has been paid, shall be prima facia evidence that such tax, assessment or other charge was due and payable as a lien or charge against the Leased Premises or that it has been paid as such by the Lessor; d) The Lessee, if allowed by the taxing authority, shall have the right to contest or review by legal proceedings or in such manner as the Lessee in its opinion shall deem advisable (which proceedings or other steps taken by the Lessee shall be conducted diligently at its own expense and free of expense to the Lessor) any and all Taxes levied, assessed or imposed upon or against the Leased Premises or Taxes in lieu thereof required to be paid by the Lessee hereunder. No such contest shall defer or suspend the Lessee's obligations to pay the Taxes as herein provided pending the contest, but if by law it is necessary that such payment be suspended to preserve or perfect the Lessee's contest, then the contest shall not be undertaken without there being first deposited with the Lessor a sum of money equal to twice the amount of the Taxes that are the subject of the contest, to be held by the Lessor as an indemnity to pay such Taxes upon conclusion of the contest and all costs thereof that may be imposed upon the Lessor or the Leased Premises. Any costs associated with an appeal undertaken by the Lessor, the Lessee shall pay their proportionate share of such costs; e) The Lessee upon request of the Lessor will promptly exhibit to the Lessor all paid bills for Taxes which bills after inspection by the Lessor shall be returned to the Lessee. 8 - 4.03 HST Payable by Lessee The Lessee shall pay to the Lessor all HST on Rent and any other HST imposed by the applicable legislation on the Lessor or Lessee with respect to this Lease, in the manner and at the times required by the applicable legislation. Such amounts are not consideration for the rental of space or the provision by the Lessor of any service under this Lease, but shall be deemed to be Rent and the Lessor shall have all of the same remedies for and rights of recovery of such amounts as it has for recovery of Rent under this Lease. If a deposit is forfeited to the Lessor, or an amount becomes payable to the Lessor due to a default or as consideration for a modification of this Lease, and the applicable legislation deems a part of the deposit or amount to include HST, the deposit or amount will be increased and the increase paid by the Lessee so that the Lessor will receive the full amount of the forfeited deposit or other amount payable without encroachment by any deemed HST portion. 4.04 Business Taxes and Other Taxes of Lessee The Lessee shall pay to the lawful taxing authorities, when the same becomes due and payable: a) all taxes, rates, duties, assessments and other charges that are levied, rated, charged or assessed against or in respect of all improvements, equipment and facilities of the Lessee on or in the Leased Premises; and b) every tax and license fee which is levied, rated, charged or assessed against or in respect of any business carried on in the Leased Premises or in respect of the use or occupancy thereof whether in any case any such taxes, rates, duties, assessments or license fees are rated, charged or assessed by any federal, provincial, municipal or other body. ARTICLE V UTILITIES 5901 Utilities The Lessee shall pay all utilities directly to the utility company, on a metered basis. In the event that a Lessee leases cooler space with the Leased Premises, the Lessee shall pay to the Lessor the Lessee's proportionate share of any utility consumed. ARTICLE VI MERCHANTS' ASSOCIATION 6901 Merchants' Association If and when an association or corporation of merchants or lessees (the "Association ") is formed com risin tenants of the City Market, the Lessee shall forthwith become a member of such Association or P g if such an Association has already been formed, the Lessee shall forthwith become a member thereof and the Lessee shall retain its membership in such Association during the entire Term and shall abide by all rules regulations, ulations, by- laws., decisions, directions, dues and assessments of the Association. Such Association shall in no way affect the rights of the Lessor and any by-laws, rules and regulations of such Association shall at all times be subject to the prior approval of the Lessor. 6902 Promotion Fund The Lessee shall pay to the Lessor an amount equal to 6% of annual Gross Rent to be paid in twelve 12) monthly instalments each instalment payable on the I" day of each month during the Term. ARTICLE VII CONDUCT OF BUSINESS BY TENANT 7.01 Use of Leased Premises a The Leased Premises shall be used continuously, actively and diligently for the sole ose of operating as a retail outlet offering gifts, souvenirs, P foods, utensils and foodstuffs. Lessee will not use or permit or suffer the use of the Leased Premises or any part thereof The p for an other business or purpose. In connection with the business to be conducted by the Y Lessee on the Leased Premises, the Lessee shall only use the advertised name "Linja Gifts" 9 - and "Linja Foods" and will not change the advertised name of the business to be operated in the Leased Premises without the prior written consent of the Lessor. The Lessee shall not introduce new product lines, or offer new services to its customers without first obtaining the written consent of the Lessor. The Lessee acknowledges that it would be reasonable for the Lessor to withhold its consent if the introduction by the Lessee of such product line or service would compete with the business of other tenants in the City Market or infringe on exclusive covenants granted by the Lessor. Unless otherwise specifically set out in this Lease to the contrary, nothing contained in this Lease shall: (1) confer upon the Lessee the exclusive right to sell or provide in the City Market any of the products or services permitted to be sold or provided from the Leased Premises pursuant to this Section 7.01; nor (ii) prevent the Lessor from leasing any other premises in the City Market to any other tenant(s) carrying on a business which is similar in whole or in part to the business permitted to be carried on from the Leased Premises pursuant to this Section 7.01. b) The Lessee acknowledges that its continued occupancy of the Leased Premises and the regular conduct of business therein are of utmost importance to neighbouring tenants and to the Lessor in the renting of space in the City Market, the renewal of other leases therein, the efficient and economic supply of services and utilities, and in the character and quality of other tenants in the City Market. The Lessee therefore covenants and agrees that throughout the Term it will occupy the entire Leased Premises, comply strictly with the provisions of Section 7.01 and not vacate or abandon the Leased Premises at any time during the Term. The Lessee acknowledges that the Lessor is executing this Lease in reliance thereupon and that the same is a material element inducing the Lessor to execute this Lease. The Lessee further agrees that if it vacates or abandons the Leased Premises or fails to so conduct its business therein, or uses or permits or suffers the use of the Leased Premises for any purpose not specifically herein authorized and allowed, the Lessee will be in breach of the Lessee's obligations under the Lease, and then, without constituting a waiver of the Lessee's obligations or limiting the Lessor's remedies under this Lease, all Rent reserved in this Lease will immediately become due and payable to the Lessor unless guaranteed to the satisfaction of the Lessor. The Lessor will have the right, without prejudice to any other rights which it may have under this Lease or at law, to obtain an injunction requiring the Lessee to comply with the provisions of this Section 7.01(b). 7902 Conduct and Operation of Business The Lessee shall occupy the Leased Premises from and after the Commencement Date and thereafter shall conduct continuously and actively the business set out in Section 7.0 l , in the whole of the Leased Premises. In the conduct of the Lessee's business pursuant to this Lease the Lessee shall: a) operate its business with due diligence and efficiency and maintain an adequate staff to properly serve all customers; own, install and keep in good order and condition free from liens or rights of third parties, fixtures and equipment of first class quality; and carry at all times such stock of goods and merchandise of such size, character and quality as will produce the maximum volume of sales from the Leased Premises consistent with good business practices; b) conduct its business in the Leased Premises during such hours and on such days as the Lessor from time to time requires or permits and at no other time. However the Lessee is not required or permitted to carry on its business during any period prohibited by any law regulating the hours of business. If the Lessee fails to open on the Commencement Date or during the days and/or hours required by the Lessor, then in addition to all other amounts of Rent payable under this Lease the Lessee shall pay as Additional Rent to the Lessor upon demand as liquidated damages and not as a penalty, an amount equal to two hundred fifty dollars ($250.00) per day for each and every day that the Lessee is in default. when not open for business the security of the Leased Premises is the sole responsibility of the Lessee; c) keep displays of merchandise in the display windows (if any) of the Leased Premises, and keep the display windows and signs (if any) in the Leased Premises well4it during the hours the lessor designates from time to time, acting reasonably; d) stock in the Leased Premises only merchandise the Lessee intends to offer for retail sale from the Leased Premises, and not use any portion of the Leased Premises for office, clerical or other non - selling purposes except minor parts reasonably required for the Lessee's business in the Leased Premises; e) abide by all rules and regulations and general policies formulated by the Lessor, acting reasonably, from time to time relating to the delivery of goods to the Leased Premises; 10 - f) not allow or cause to be committed any waste upon or damage to the Leased Premises or any nuisance or other act or thing which disturbs the quiet enjoyment of any other lessee in the City Market or which unreasonably disturbs or interferes with or annoys any third party, or which may damage the City Market; g) not allow or cause to be done any act in or about the Common Areas or the City Market which in the Lessor's opinion, acting reasonably, hinders or interrupts the City Market's flow of traffic in any way, obstructs the free movement or parties doing business in the City Market; h) not allow or cause business to be solicited in any part of the City Market other than the Leased Premises, nor display any merchandise outside the Leased Premises at any time without the prior written consent of the Lessor; i) use the name designated for the City Market by the Lessor from time to time and all insignia or other identifying names and marks designated by the Lessor in connection with the advertising of the business conducted in the Leased Premises. Notwithstanding the foregoing the Lessee will not acquire any rights in such names, marks or insignia and upon the Lessor's request the Lessee will abandon or assign to the Lessor any such rights which the Lessee may acquire by operation of law and will promptly execute any documents required by the Lessor to give effect to this subparagraph (1); J) not install or allow in the Leased Premises any transmitter device nor erect any aerial on the roof of any building forming part of the City Market or on any exterior walls of the Leased Premises or in any of the Common Areas. Any such installation shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; k) not use any travelling or flashing lights or signs or any loudspeakers, television, phonograph, radio or other audiovisual or mechanical devices in a manner so that they can be heard or seen outside of the Leased Premises without the prior written consent of the Lessor. If the Lessee uses any such equipment without receiving the prior written consent of the Lessor, the Lessor shall be entitled to remove such equipment without notice at any time and such removal shall be done and all damage as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; l) not install or allow in the Leased Premises any equipment which will exceed or overload the capacity of any utility, electrical or mechanical facilities in the Leased Premises or of which the Lessor has not approved. If the Lessee requires additional utility, electrical or mechanical facilities, the Lessor may in its sole discretion if they are available elect to install them at the Lessee's expense and in accordance with plans and specifications to be approved in advance in writing by the Lessor; m) not bring upon the Leased Premises any machinery, equipment, article or thing that by reason of its weight, size or use, might in the opinion of the Lessor, acting reasonably, damage the Leased Premises or overload the floors of the Leased Premises. Any such machinery, equipment, article or thing shall be subject to removal by the Lessor without notice at any time and such removal shall be done and all damages as a result thereof shall be made good, in each case, at the cost of the Lessee, payable as Additional Rent on demand; n) observe and comply with all federal, provincial or municipal laws pertaining to or affecting the Leased Premises, the Lessee's use of the Leased Premises or the conduct of any business in the Leased Premises, or the making of any repairs, replacements, alterations, additions, changes, substitutions or improvements of or to the Leased Premises, and the regulations of any insurance underwriters in respect of the insurance maintained by the Lessor in respect of the City Market, and carry out all modifications to the Leased Premises and the Lessee's conduct of business or in use of the Leased Premises which may be required by any such authorities. 7903 Prohibited Activities a) The Lessee acknowledges that it is only one of many tenants in the City Market and that therefore the Lessee shall conduct its business in the Leased Premises in a manner consistent with the best interests of the City Market as a whole; b) The Lessor shall have the right to cause the Lessee to discontinue and the Lessee shall thereupon forthwith discontinue the sale of any item, merchandise, commodity or the supply of any service or the carrying on of any business, any of which is either prohibited b this Section 7.03 or which the Lessor, acting reasonably, determines i Y s not directly related to the business set out in Section 7.01. The Lessee will not allow or cause the use of any parr of the Leased Premises for any of the following businesses or activities: 11 - i. the sale of secondhand goods or surplus articles, insurance salvage stock, fire sale stock or bankruptcy stock, ii. the sale of goods, except as may be specifically permitted by the provisions of Section 7.01; an auction, bulk sale (other than a bulk sale made to an assignee or sublessee pursuant to a permitted assignment or subletting hereunder), liquidation sale, "going out of business" or bankruptcy sale, or warehouse sale; iv. any advertising or selling procedures which would, or any sale or business conduct or practice which would, because of the merchandising methods or quality of operation likely to be used, in either case in the Lessor's opinion, tend to lower the character of the City Market or harm or tend to harm the business or reputation of the Lessor or reflect unfavourably on the City Market, the Lessor or other tenants in the City Market or tend to confuse, deceive, mislead or be fraudulent to the public; or v. a mail order business or a department store, junior department store or variety store. 7904 Hazardous Substances The Tenant covenants and agrees to utilize the Leased Premises and operate its business in a manner so that no part of the Leased Premises or surrounding lands are used to generate, manufacture, refine, treat, transport, store:, handle, dispose of transfer, produce or process any Hazardous Substance, except in strict compliance with all applicable federal, provincial and municipal statutes, by -laws and regulations, including, without limitation, environmental, land use and occupational and health and safety laws, regulations, requirements, permits, statutes, by -laws and regulations. Further the Lessee hereby covenants and agrees to indemnify and save harmless the Lessor and those for whom the Lessor is in law responsible from any and all loses, costs, claims, damages, liabilities, expenses or injuries caused or contributed to by any Hazardous Substances which are at any time located, stored or incorporated in any part of the Leased Premises. The Lessee hereby agrees that the Lessor or its authorized representatives shall have the right at the Lessee's expense, payable as Additional Rent within fifteen (15) days of receipt of an invoice therefor, to conduct such environmental site reviews and investigations as it may deem necessary for the purpose of ensuring compliance with this Section 7.04. The Lessee's obligations pursuant to this Section 7.04 shall survive the expiration or earlier termination of the Term. . ARTICLE VIII FIXTURES, ALTERATIONS AND REPAIRS AND LESSOR'S CONTROL OF CITY MARKET 8.01 Installations by the Lessee All equipment, fixtures and improvements installed by the Lessee in the Leased Premises shall be new or completely reconditioned. The Lessee shall not make any alterations, additions or improvements or install or cause to be installed any trade fixtures, exterior signs, floor covering, interior or exterior lighting, plumbing fixtures, shades or awnings or make any changes to the store front without first obtaining the Lessor's written approval and consent. The Lessee shall present to the Lessor plans and specifications in form, content and such detail as the Lessor may reasonably require for such work at the time approval is sought. The Lessee covenants that any work that may be done in respect of the Leased Premises by or on behalf of the Lessee shall be done in such a manner as not to conflict or interfere with any work being done or about to be done by the Lessor in or about the City Market, whether such conflict or interference shall arise in relation to labour unions or otherwise and the Lessee shall obtain all requisite permits, licenses and inspections in respect of any such work done by or on the Lessee's behalf. Notwithstanding anything herein contained, the Lessee shall make no alterations, additions or improvements that are of a structural nature or that would lessen the value or Rentable Area of the Leased Premises or the City Market, or would interfere with the usage of the Common Areas. All alterations, decorations, additions and improvements made by the Lessee or made by the Lessor on the Lessee's behalf by agreement under this Lease shall immediately upon installation or affixation become the property of the Lessor without compensation therefor to the Lessee, but the Lessor shall be under no obligation to repair, maintain or insure the alterations, decorations, additions or im p rovements. Such alterations, decorations, additions and improvements shall not be removed from the 12 - Leased Premises without prior consent in writing from the Lessor. Upon expiration of this Lease, the Lessee shall, at the option of the Lessor, remove all trade fixtures and personal property and shall remove , all such alterations decorations, additions and improvements and restore the Leased Premises as required by the Lessor. 8902 Maintenance and Repair by the Lessee The Lessee will at all times keep the Leased Premises (including exterior entrances and all glass and sho w windows ) and all partitions, doors, fixtures, equipment and appurtenances thereof (including lighting, heating and plumbing fixtures, and the electrical and mechanical systems) in good order, condition and repair (including periodic painting or redecorating and preventative maintenance as determined by the Lessor and including such repairs or replacements as are required to keep the Leased Premises in good repair and condition). All aforesaid maintenance, repairs, restorations and replacements shall be in quality P and class equal to the original work or installations. 8903 Signs, Awnings, Canopies The Lessee will not place or suffer to be placed or maintained on any exterior door, wall or window of the Leased Premises any sign, awning or canopy or advertising matter or other thing of any kind and will not place or maintain any decoration, lettering or advertising matter on the glass of any window or door of the Leased Premises without first obtaining the Lessor's written approval and consent. The Lessee further agrees to maintain such sign, awning, canopy, decoration, lettering, advertising matter or other thin as may be approved in good at and repair at all times, and in addition to the g foregoing,the Lessee shall maintain any signs or displays of its goods or wares which may be seen from the exterior of the Leased Premises in a manner which is in keeping with the character of the City Market of which the Leased Premises form a part and which is designed to enhance the business of the Lessee. 8904 Surrender of Leased Premises Subject to Article 10.01, the Lessee will leave the Leased Premises in good repair, reasonable wear and tear only excepted. Without limiting the generality of the foregoing, at the expiration or earlier termination of the Term the Lessee shall surrender the Leased Premises in the same condition as the Leased Premises were in upon delivery of possession thereto under this Lease, reasonable wear and tear only excepted, and shall surrender all keys for the Leased Premises to the Landlord at the place then fixed for the payment of Rent and shall inform the Lessor of all combinations on locks, safes and vaults, if any, in the Leased Premises. Should the Lessee fail to remove its fixtures and personal property, such fixtures and personal property shall be deemed to be abandoned by the Lessee and may be appropriated, sold or p P P Y otherwise disposed of by the Lessor without notice or obligation to compensate the Lessee or to account therefor. The Lessee's obligations to observe or perform this covenant shall survive the expiration or earlier termination of the Teim of this Lease. 8905 Lessee to Discharge all Liens The Lessee will ensure that no construction or other lien or charge, or notice thereof, is registered or filed against: a) the City Market or any part of it; or b) the Lessee's interest in the Leased Premises or any of the leasehold improvements in the Leased Premises, by any person claiming by, through, under or against the Lessee or its contractors or subcontractors. If such a lien or charge or notice thereof is registered or filed and the Lessee fails to discharge it within five (5) days after written notice from the Lessor, the Lessor may discharge it by paying the amount claimed to be due into court or directly to the claimant and the Lessee will pay to the Lessor as Additional Rent on all costs (including legal fees) incurred by the Lessor in connection therewith, together with an demand ( g administrative overhead charge of fifteen percent (15%) thereon. 8906 Rules and Regulations The Lessee will comply with the Rules and Regulations. The Lessor reserves the right from time to time to amend or supplement the Rules and Regulations. Notice of such amendments and supplements, any, be given to the Lessee, and the Lessee agrees thereupon to comply with and observe all such , g amendments and supplements, provided that no Rule or Regulation shall contradict any provision of this Lease. The Lessor shall not be responsible to the Lessee for non - observance or violation of any of the i ty proves o ns of such Rules of ises i Market or of the terms of any i and Regulations by any other tenant of the Ci rem n the C other lease premises Market and the Lessor shall be under no obligation to enforce any such provisions. All Rules and Regulations shall be enforced against the Lessee in a non - discriminatory manner. 13 - 8.07 Maintenance and Repair by the Lessor The Lessor shall, subject to the other provisions of this Lease, maintain and repair or cause to be maintained and repaired, the structure of the City Market, including without limitation, the foundations, exterior weather walls, subf]oor, roof, bearing walls and structural columns and beams of the City Market. If, however, the Lessor is required to maintain or repair any structural portions or any other portion of the Leased Premises or the City Market by reason of the negligent acts or omissions of the Lessee, its employees, agents, invitees, suppliers, agents and servants of suppliers, licensees, concessionaires or subtenants, the Lessee shall pay on demand as Additional Rent, the Lessor's costs for making such maintenance or repairs, together with an administrative fee of fifteen percent (15%) of such costs. 8.08 Control of City Market by Lessor The City Market (rind the Common Areas are at all times subject to the exclusive control and management of the Lessor. Without limiting the generality of the foregoing, the Lessor has the right in its control, management and operation of the City Market and by the establishment of rules and regulations and general policies with respect to the operation of the City Market or any part thereof at all times throughout the Term to construct, maintain and operate lighting facilities and heating, ventilating and air conditioning systems; provide supervision and policing services for the City Market; close all or any portion of the City Market to such extent as may in the opinion of the Lessor's counsel be legally sufficient to prevent a dedication thereof or the accrual of any rights to any third party or the public; grant, modify and terminate easements or other agreements pertaining to the use and maintenance of all or any part of the City Market; obstruct or close off all or any part of the City Market for the purpose of maintenance, repair or construction, employ all personnel, including supervisory personnel and managers necessary for the operation, maintenance and control of the City Market; use any part of the Common Areas from time to time for merchandising, display, decorations, entertainment and structures designed for retail selling or special features or promotional activities; designate the areas and entrances and the times in, through and at which loading and unloading of goods shall be carried out; control, supervise and generally regulate the delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises, and other portions of the City Market; designate and specify the kind of container to be used for garbage and refuse in the manner and the times and places at which same is to be placed for collection (if the Lessor for the more efficient and proper operation of the City Market provides or designates a commercial service for the pickup and disposal of refuse and garbage instead of or in addition to the service provided by the municipality, the Lessee shall use same at the Lessee's cost), from time to time change the area, level, location, arrangement or use of the City Market or any part thereof; construct other buildings or improvements in the City :Market and make changes to any part thereof; construct other buildings or improvements in the City Market and make changes to any part of the City Market; and do and perform such other acts in and to the City Market as in the use of good business judgment the Lessor determines to be advisable for the more efficient and proper operation of the City Market. Notwithstanding anything rights as set out in this Section whatsoever, the Lessor is not sub diminution or abatement of Rent constructive or actual eviction, or a to the contrary, if as a result of the exercise by the Lessor of any of its 8.08, the Common Areas are diminished or altered in any manner ject to any liability nor is the Lessee entitled to any compensation or nor is any alteration or diminution of the Common Areas deemed breach of any covenant for quiet enjoyment contained in this Lease. 8.09 Lessor's Right to Enter Leased Premises a) It is not a re -entry or a breach of quiet enjoyment if the representatives enter the Leased Premises at reasonable times to: i. examine them; Lessor or its authorized ii. make permitted or required repairs, alterations, improvements or additions to the Leased Premises (including the pipes, conduits, wiring, ducts, columns and other installations in the Leased Premises) or the City Market or adjacent property; or excavate land adjacent or subjacent to the Leased Premises; in each case (to the extent reasonably possible in the circumstances) without unreasonably interfering with the Lessee's business operations in the Leased Premises, and the Lessor may take material into and on the Leased Premises for those purposes. Rent will not abate or be reduced while the repairs, alterations, improvements or additions are being made. The Lessor will take reasonable steps to minimize any interruption of business resulting from any entry. b) At any time during the Term, the Lessor may exhibit the Leased Premises to prospective purchasers and during the six (b) months prior to the expiration of the term of this Lease, the Lessor may exhibit the Leased Premises to prospective tenants and place upon the Leased Premises the usual notice "To Let" which notice the Lessee shall permit to remain where placed without molestation, c) If the Lessee shall not be personally present to open and permit an entry into the Leased Premises, at any time, when for any reason an entry therein shall be necessary or permissible, the Lessor or the Lessor's agents may enter the same by a master key, or 14 - may forcibly enter the same, without rendering the Lessor or such agents liable therefor, and without in any manner affecting the obligations and covenants of this Lease; d) Nothing in this Section contained, however, shall be deemed or construed to impose upon the Lessor any obligation, responsibility or liability whatsoever for the care, maintenance or repair of the City Market or any part thereof, except as otherwise in this Lease specifically provided. ARTICLE IX INSURANCE AND INDEMNITY 9001 Lessee's Insurance a) The Lessee shall throughout the Term, at its own cost and expense, take out and keep in full force and effect the following insurance. i. All -risk insurance upon property owned by the Lessee or for which the Lessee is legally liable (including, signs and plate glass) and which is located within the City Market in an amount of not less than the full replacement cost thereof; lie Comprehensive General Liability with minimum limits of at least Two Million Dollars ($2,000,000.00) or such higher limits as the Lessor may reasonably require from time to time. This policy shall include: a) The City added as an Additional Insured; b) Inclusive limits for bodily injury and property damage; c) Personal injury liability; d) Tenant's Legal Liability; e) Contractual Liability with respect to this Lease; f) Premises, Property and Operations, g) Completed Operations; h) A Cross Liability Clause; i) A Thirty (30) days written notice of Cancellation shall be given to the City of Saint John. The Lessee shall also provide any other form of insurance as the Lessee or the Lessor may reasonably require from time to time in form, in amounts and for insurance risks against which a prudent tenant would insure. ith reputable and recognized insurers acceptable to the Lessor and b) All policies shall be taken out w shall be in a form satisfactory from time to time to the Lessor. The Lessee agrees that certificates of insurance of each such insurance policy will be delivered to the Lessor as soon as practicable after the placing of the required insurance. All policies shall contain an undertaking by the insurers to notify the Lessor in writing not less than thirty (30) days prior to any material change, cancellation or termination thereof; c) The Lessee agrees that if the Lessee fails to take out or keep in force any such insurance referred to in this Section 9.0 1, or should any such insurance not be approved by the Lessor and should the Lessee not rectify the situation immediately after written notice by the Lessor to the Lessee, the Lessor has the right without assuming any obligation in connection therewith to effect such insurance at the sole cost of the Lessee and all outlays by the Lessor shall be immediately paid by the Lessee to the Lessor as Additional Rent without prejudice to any other rights and remedies of the Lessor under this Lease. 9.02 Increase in Insurance Premium The Lessee will not allow or cause anything to occur in the Leased Premises which shall cause any increase of premium for any insurance on the Leased Premises or the City Market or any part thereof above P the rate for the least hazardous type of occupancy legally permitted in the Leased Premises. If the Lessee is in default under this Section 9.02 the Lessee shall pay any resulting additional premium on any in policies taken out or maintained by the Lessor, or if any insurance policy upon the Leased Premises or the City Market or any part thereof shall be cancelled or refused to be renewed by an insurer by reason of the use or occupation of the Leased Premises or any part thereof or the acts or omissions of the Lessee, the shall forthwith remedy or rectify such use or occupation upon request to do so in writing by the Lessee Y Lessor, and if the Lessee shall fail to do so within twenty -four (24) hours of such written request, the 15 Lessor shall have the right to enter the Leased Premises and rectify the situation, without liability to the Lessee for any loss or damage occasioned by such entry and rectification, or shall be entitled to hold the Lessee liable for any damage or loss resulting from such cancellation or refusal, or the Lessor may at its option determine this Lease forthwith by leaving upon the Leased Premises notice in writing of its intention to do so, and thereupon Rent and any other payments for which the Lessee is liable under this Lease shall be apportioned and paid in full to the date of such determination of the Lease, and together with an amount equal to the Gross Rent payable for a period of one (1) year as liquidated damages, and the Lessee shall immediately deliver up possession of the Leased Premises, a schedule issued by the organization making the insurance rate on the Leased Premises, showing the various components of such rate, shall be conclusive evidence of the several items and charges which make the fire insurance rate of the Leased Premises. Bills for such additional premiums shall be rendered by the Lessor to the Lessee at such times as the Lessor may elect and shall be due from and payable by the Lessee when rendered, and the amount thereof shall be deemed to be and be paid as Additional Rent. 9903 Loss or Damage The Lessor shall not be liable for any death or injury arising from or out of any occurrence in, upon, at or relating to the City Market, or damage to property of the Lessee or of others located on the Leased Premises, nor shall it be responsible for any loss of or damage to any property of the Lessee or others from any cause whatsoever, except any such death, injury, loss or damage results -from the negligence of the Lessor, its agents, servants or employees or other persons for whom the Lessor is in law responsible. Without limiting the generality of the foregoing, the Lessor shall not be liable for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain, flood, snow or leaks from any part of the Leased Premises or from the pipes, appliances, plumbing works, roof or subsurface of any floor or ceiling or from the street or any other place or other tenants or persons in the City Market or by occupants of adjacent property thereto, or the public, or caused by construction or by any private, public or quasi - public work. All property of the Lessee kept or stored on the Leased Premises shall be so kept or stored at the risk of the Lessee only and the Lessee shall indemnify the Lessor and save it harmless from any claims arising out of any damages to the same, including, without limitation, any subrogation claims by the Lessor's insurers. In no event shall the Lessor be liable for any I to the Lessee, its servants, agents, employees, customers and invitees or for any injury or damage to the Leased Premises or to any property of the Lessee, or to any property of any other person, firm or corporation on or about the Leased Premises caused by an interruption, suspension or failure in the supply of any utilities to the Leased Premises. 9.04 Indemnification of the Lessor The Lessee will indemnify the Lessor, and save harmless from and against any and all claims, actions damages, liability and expense in connection with loss of life, personal injury and/or damage to property arising from or out of any occurrence in, upon or at the Leased premises, the occupancy or use by the Lessee of the Leased premises or any part thereof, or occasioned wholly or in part by any act or omission of the Lessee, its agents, contractors, employees, servants, licensees, or concessionaires or invitees. In case the Lessor shall, without fault on its part, be made a party to any litigation commenced by or against the Lessee, then the Lessee shall protect and hold it harmless and shall pay all costs, expenses and solicitors' and counsel fees on a solicitor and client basis incurred or paid by them in connection with such litigation. ARTICLE X DAMAGE, DESTRUCTION AND EXPROPRIATION 10.01 Total or Partial Destruction of Leased Premises If, during the Term, the Leased Premises are expropriated or totally or partially destroyed or damaged b any cause in respect of which the Lessor is insured, the following provisions shall have effect: g Y a) If the Leased Premises are rendered partially unfit shall abate in part only, in the proportion that the occupancy by the Lessee bears to the whole of the rendered wholly unfit for occupancy by the Lessee either event until the day following a reasonable Lessee's restoration) following completion of the L for occupancy by the Lessee, Gross Rent only part of the Leased Premises rendered unfit for Leased Premises or if the Leased Premises are the Rent hereby reserved shall be suspended in period (taking into account the extent of the ,essorI s restoration, b) Notwithstanding the provisions of subparagraph (a), if the Leased Premises in the opinion of the Architect shall be incapable of being rebuilt and/or repaired or restored with reasonable diligence within 180 days of the happening of such destruction or damage, then the Lessor may at its option • y p ' ' ' he Lessee iven within thirty (30) days of the date of terminate this Lease by nonce �n writing to g rtY such destruction or damage and in the event of such notice being so given this Lease shall cease and become null and void from the date of such destruction or damage and the Lessee shall immediately surrender the Leased Premises and all interest therein to the Lessor and the Rent shall - 16 - be apportioned and shall be payable by the Lessee only to the date of such destruction or damage and the Lessor may re -enter and repossess the Leased Premises discharged of this Lease; If the Leased Premises are capable of being rebuilt and/or repaired or restored within 180 days of the happening of such damage or destruction or if within the period of thirty (30) days referred to in Section 10.01(b) the Lessor shall not give notice terminating this Lease, the Lessor shall with reasonable promptitude proceed to rebuild and/or repair or restore the Leased Premises to the extent of the Lessor's repair obligations under the Lease and the Lessee shall immediately upon substantial completion of the Lessor's work and, within a reasonable period determined by the Lessor (given the extent of the Lessee's restoration) complete the restoration of the Leased Premises. The certificate of the Architect shall bind the parties as to the (1) extent to which the Leased Premises are unfit for occupancy; (ii) time required to rebuild and/or repair or restore the Leased Premises; and (iii) due completion of repairs. 10.02 Total or Partial Destruction of City Market In the event that a substantial portion of the City Market shall be expropriated or damaged or destroyed by fire or other cause, or in the event the costs as estimated by the Lessor of repairing, restoring or rebuilding will exceed by $250,000 or more the proceeds of insurance available to the Lessor, notwithstanding that the Leased Premises may be unaffected, or in the event the Lessor shall have the right, to be exercised by notice in writing delivered to the Lessee within sixty (60) days from and after said occurrence, to elect to cancel and terminate this Lease. Upon the giving of such notice to the Lessee, the Term of this Lease shall expire upon the third (3 "d) day after such notice is given, and the Lessee shall vacate the Leased Premises and surrender the same to the Lessor. 10.03 Abatement of Rent Notwithstanding anything herein before contained, all abatements of Rent set out in this Article X shall be limited to an amount equal to the amount which the Lessor collects under any rental income insurance. 10.04 Expropriation Awards The Lessor and the Lessee will co- operate with of the Leased Premises or the City Market, so that each to at law. To the extent, however, that a part of the expropriated, the full proceeds that are paid or awarded Cr Lessee will assign to the Lessor any rights that it may awards and will execute the documents that the Lessor intention. each other if there is an expropriation of all or part may receive the maximum award that it is entitled City Market, other than the Leased Premises, is is a result, will belong solely to the Lessor, and the have or acquire in respect of the proceedings or reasonably requires in order to give effect to this ARTICLE XI STATUS STATEMENT, SUBORDINATION AND ATTORNMENT 11.01 Status Statement Within fifteen (15) days after request, the Lessee will sign and deliver to the Lessor a status statement or certificate, stating that this Lease is in full force and effect, any modifications to this Lease, the commencement and expiry dates of this Lease, the date to which Rent has been paid, the amount of any prepaid Rent or deposits held by the Lessor, whether there is any existing default and the particulars, and any other information required by the party requesting it. 11.02 Power of Attorney The Lessee hereby irrevocably appoints the Lessor as the attorney for the Lessee with full power and authority to execute and deliver in the name of the Lessee any instruments or certificates required to carry out the intent of Section 11.01 which the Lessee shall have failed to sign and deliver within fifteen (15) days after the date of a written request by the Lessor to execute such instruments. ARTICLE XII TRANSFERS BY LESSEE 12.01 Transfer Defined "Transfer" means, (1) an assignment, sale, conveyance, sublease, or other disposition of this Lease or the Leased Premises, or any part of them or any interest in this Lease (whether by operation of law or otherwise), or in a partnership that is a Lessee under this Lease, (ii) a mortgage, charge or debenture 17 - (floating or otherwise) or other encumbrance of this Lease or the Leased Premises or any part of them, or of any interest in this Lease or of a partnership, or partnership interest, where the partnership is a Lessee under this Lease, (iii) a parting with or sharing of possession of all or part of the Leased Premises, and (iv) a transfer or issue by sale, assignment, bequest, inheritance, operation of law or other disposition, or by subscription of all or part of the corporate shares of the Lessee or an "affiliate" (as that term is defined on the date of this Lease under the Canada Business Corporations Act) of the Lessee which results in a change in the effective voting control of the Lessee. "Transferor" and "Transferee" have meanings corresponding to the definition of "Transfer" set out above, (it being understood that for a Transfer described in clause (iv) the Transferor is the person that has effective voting control before the Transfer and the Transferee is the person that has effective voting control after the Transfer). 12.02 Consent Required The Lessee will not allow or cause a Transfer, without the prior written consent of the Lessor in each instance which consent may not be unreasonably withheld. Without limiting the generality of the foregoing, no Transfer shall be effective and no consent shall be given unless the following provisions have been complied with: i. There is no default of the obligations of the Lessee under this Lease; ii. The Lessee shall have given at least thirty (30) days' prior written notice of the proposed Transfer and the effective date thereof to the Lessor; iii. A duplicate original of the documents affecting the Transfer shall be given to the Lessor within thirty (30) days after the execution and delivery thereof; IV* The Transferee, except in the case of a Transfer described in Section 12.01(iv), shal l have assumed in writing with the Lessor the due and punctual performance and observance of all the agreements, provisions, covenants and conditions hereof on the Lessee's part to be performed or observed from and after the effective date of the Transfer. The Lessee acknowledges that the factors governing the granting of the Lessor's consent to any Transfer may include, without limitation, the restrictive clauses entered into with other tenants by the Lessor, the financial background, business history and the capability of the proposed Transferee in the Lessee's line of business, and the nature of the business practices of the proposed Transferee. The consent by the Lessor to any Transfer shall not constitute a waiver of the necessity for such consent to any subsequent Transfer. If a Transfer takes place, the Lessor may collect rent from the Transferee, and apply the net amount collected to the Rent herein reserved, but no such action shall be deemed a waiver of the requirement to obtain consent or the acceptance of the Transferee as lessee, or a release of the Lessee or any Indemnifier from the further performance by the Lessee of covenants on the part of the Lessee herein contained. Notwithstanding any Transfer, the Lessee shall remain fully liable under this Lease and shall not be released from performing any of the obligations of the Lessee under this Lease. Any Transfer, if consented to by the Lessor, may at the Lessor's option be documented by the Lessor or its solicitors, and any and all legal costs and the Lessor's then - standard fee with respect thereto or to any documents reflecting the Lessor's consent to the Transfer shall be payable by the Lessee on demand as Additional Rent. 12.03 No Advertising of Leased Premises The Lessee shall not print, publish, post, display or broadcast any notice or advertisement to the effect that the Leased Premises are for lease or for sale or otherwise advertise the proposed sale or lease of the whole or any part of the Leased Premises and shall not permit any broker or other party to do any of the foregoing, unless the complete text and format of any such notice, advertisement or offer is first approved in writing by the Lessor. Without in any way restricting or limiting the Lessor's right to refuse any text or format on other grounds, any text or format proposed by the Lessee shall not contain any reference to the rental rate of the Leased Premises. ARTICLE XIII DEFAULT OF LESSEE 1101 Right to Re -Enter When a) the Lessee shall be in default in the payment of any Rent whether lawfully demanded or not and such default shall continue for a period of five (5) consecutive days; or b) the Lessee shall be in default of any of its covenants, obligations or agreements under this Lease or of any term or condition of this Lease (other than its covenant to pay Rent) and such default shall continue for a period of fifteen (15) consecutive days or such longer or shorter period as the Lessor, acting reasonably, determines after five (5) days written notice by the Lessor to the Lessee =W:= specifying with reasonable particularity the nature of such default and requiring the same to be remedied; then and in any of such cases the then current month's Rent, together with the Rent for the three (3) months next ensuing shall immediately become due and payable, and at the option of the Lessor, the Terms shall become forfeited and void, and the Lessor may without notice or any form of legal process whatsoever forthwith re -enter upon the Leased Premises or any part thereof in the name of the whole and repossess and enjoy the same as of its former estate, anything contained in any statute or law to the contrary notwithstanding, provided however, that such forfeiture shall be wholly without prejudice to the right of the Lessor to recover arrears of rent or damages for any antecedent default by the Lessee of its covenants, obligations or agreements under this Lease or any term or condition of this Lease and provided further that notwithstanding any such forfeiture the Lessor may subsequently recover from the Lessee damages for loss of Rent suffered by reason of this Lease having been prematurely determined. In addition, the Lessor shall have the right to remove and sell the Lessee's goods and chattels and trade fixtures and apply the proceeds thereof to Rent due under the Lease. 1102 Right to Re -Let Should the Lessor elect to re- enter, as herein provided, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, it may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to re4et the Leased Premises, and re4et the Leased Premises or any part thereof as agent for the Lessee for such term or terms (which may be for a term extending beyond the Term of this Lease) and at such rental or rentals and upon such other terms and conditions as the Lessor in its sole discretion may deem advisable; upon each re4etting all rentals received by the Lessor from such re- letting shall be applied; first, to the payment of any indebtedness other than rent due hereunder from the Lessee to the Lessor; second, to the repayment of any reasonable costs and expenses of such re4etting, including brokerage fees and solicitors' fees and of costs of such alterations and repairs; third, to the payment of Rent due as the same may become due and payable hereunder. If such Rent received from such re4etting during any month be less than that to be paid during that month by the Lessee hereunder, the Lessee shall pay any such deficiency to the Lessor. Such deficiency shall be calculated and paid monthly. No such re -entry or taking possession of the Leased Premises by the Lessor shall be construed as an election on its part to terminate this Lease unless a written notice of such intention be given to the lessee or unless the termination thereof be decreed by a court of competent jurisdiction. Notwithstanding any such re4etting without termination, the Lessor may at any time thereafter elect to terminate this Lease for such previous breach. Should the Lessor at any time terminate this Lease for any breach, in addition to any other remedies it may have, it may recover from the Lessee all damages it may incur by reason of such breach, including the cost of recovering the Leased Premises, and including the worth at the time of such termination of the excess, if any, of the amount of Rent and charges equivalent to Rent reserved in this Lease for the remainder of the Term hereof over the then reasonable rental value of the Leased Premises for the remainder of the Term hereof, all of which amounts shall be immediately due and payable from the Lessee to the Lessor. In determining the Rent which would be payable by the Lessee hereunder, subsequent to default, the annual Rent for each year of the unexpired Term shall be equal to the greater of: (a) the average annual Gross Rent and Percentage Rent payable by the Lessee from the Commencement Date to the time of default or during the preceding three (3) full calendar years, whichever period is shorter; and (b) Gross Rent payable hereunder, together with all Additional Rent which would have been payable during the calendar year in which this Lease was terminated, prorated over a full calendar year, if required. 13.03 Legal Expenses In case suit shall be brought for recovery of possession of the Leased Premises, for the recovery of Rent or any other amount due under the provisions of this Lease, or because of the breach of any other covenant herein contained on the part of the Lessee to be kept or performed and a breach shall be established, the Lessee shall pay to the Lessor all expenses incurred therefor, including reasonable solicitors' and counsel fees on a solicitor and his client basis. 13.04 Bankruptcy The Lessee covenants and agrees that if the Term or any of the goods and chattels of the Lessee on the Leased Premises shall be at any time during the Term seized or taken in execution or attachment by any creditor of the Lessee or if a receiver, interim receiver or receiver and manager is appointed for the assets or business of the Lessee or if the Lessee shall make any assignment for the benefit of creditors or any bulk sale or, becoming bankrupt or insolvent, shall take the benefit of any Act now or hereafter in force for bankrupt or insolvent debtors or if any order shall be made for the winding up of the Lessee, or if the Leased Premises shall without the written consent of the Lessor become and remain vacant for a period of fifteen (15) days, or be used by any other persons than such as are entitled to use them under the terms of this Lease, or if the Lessee shall without the written consent of the Lessor abandon or attempt to abandon the Leased Premises or to sell or dispose of goods or chattels of the Lessee or to remove them or any of them from the Leased Premises so that there would not in the event of such abandonment, sale or disposal be sufficient goods on the Leased Premises subject to distress to satisfy the Rent above due or accruing due, then and in every such case the then current month's Rent and the next ensuring three (3) months' Rent shall immediately become due and be paid and the Lessor may re -enter and take possession of the Leased premises as though the Lessee or the servants of the Lessee or any other occupant of the Leased Premises were holding over after the expiration of the Term and the Term shall, at the option of the Lessor, 19 - immediately without any notice or opportunity for cure provided to the Lessee, become forfeited and determined, and in every one of the cases above such accelerated Rent shall be recoverable by the Lessor in the same manner as the Rent hereby reserved and if Rent were in arrears and the said option shall be deemed to have been exercised if the Lessor or its agents given notice to the Lessee as provided for herein. 13.05 Lessor May Perform Lessee's Covenants If the Lessee shall fail to perform any of its covenants or obligations under or in respect of this Lease, the Lessor may from time to time at its discretion, perform or cause to be performed any such covenants or obligations, or any part thereof, and for such purpose may do such things upon or in respect of the Leased Premises or any part thereof as the Lessor may consider requisite or necessary. All expenses incurred and expenditures made by or on behalf of the Lessor under this Section, together with an administrative fee equal to fifteen (15 %) percent thereon, shall be forthwith paid by the Lessee to the Lessor on demand as Additional Rent. 13006 Waiver of Exemptions from Distress Despite any applicable Act, legislation or any legal or equitable rule of law: (a) none of the inventory, furniture, equipment or other property at any time owned by the Lessee is exempt from distress; and (b) no lack of compliance with any requirement concerning the day of the week, time of day or night, method of entry, giving of notice, appraising of goods, or anything else, will render any distress unlawful where the Lessee owes arrears of Rent at the time of the distress. 13.07 Remedies Cumulative No reference to nor exercise of any specific right or remedy by the Lessor will prejudice or preclude the Lessor from exercising or invoking any other remedy in respect thereof, whether allowed at law or expressly provided for in this Lease. No such remedy will be exclusive or dependent upon any other such remedy, but the Lessor may from time to time exercise any one or more of such remedies independently or in combination. ARTICLE XIV MISCELLANEOUS 14.01 Overholding If the Lessee remains in possession of the Leased Premises after the end of the Term and without the execution and delivery of a new lease, there shall be no tacit renewal of this Lease and the Term hereby granted, and the Lessee shall be deemed to be occupying the Leased Premises as a Lessee from month to month at monthly rent payable in advance on the first day of each month equal to the sum of: i. one and one half (1 ' /z) times the Gross Rent payable during the last month of the Term; and iie one - twelfth of the Additional Rent payable by the Lessee for the Lease Year immediately preceding the last Lease Year of the Term; itions as are set forth in this Lease as to duration of and otherwise upon the same terms and cond Term, and any right of renewal mutatis mutandis, 14.02 Successors This Lease applies to the successors and assigns of the Lessor and, if Article XII is complied with, the heirs, executors, administrators and permitted successors and permitted assigns of the Lessee. If there is more than one party named as Lessee, they are jointly and severally liable under this Lease. 14.03 Waiver Failure by the Lessor to require performance of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or of any other term, covenant or condition herein contained. The subsequent acceptance of Rent hereunder by the Lessor shall not be deemed to be a waiver of any preceding breach of the Lessee of any term, covenant or condition of this Lease, other than the failure of the Lessee to pay the particular rent so accepted, regardless of the Lessor's knowledge of such preceding breach at the time of acceptance of such Rent. No covenant, term or condition of this Lease shall be deemed to have been waived by the Lessor, unless such waiver be in writing by the Lessor. 20 - 14.04 Accord and Satisfaction No payment by the Lessee or receipt by the Lessor of a lesser amount than the monthly Rent herein stipulated shall be deemed to be other than on account of the earliest stipulated Rent, nor shall any endorsement or statement or any cheque or any letter accompanying any cheque or payment as Rent be deemed an accord and satisfaction, and the Lessor may accept such cheque or payment without prejudice to the Lessor's right to recover the balance of such Rent or pursue any other remedy in this Lease provided. 14.05 Entire Agreement This Lease sets forth all the covenants, promises, agreements, conditions and understandings between the Lessor and the Lessee concerning the Leased Premises and there are no covenants, promises, agreements, conditions or representations, either oral or written, between them other than are herein and in the said schedules and rider, if any, set forth. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Lease shall be binding upon the Lessor or the Lessee unless reduced to writing and signed by them. 14.06 No Partnership The Lessor does not, in any way or for any purpose, become a partner of the Lessee in the conduct of its business, or otherwise, or joint venturer or a member of a joint enterprise with the Lessee. 14.07 Force Majeure In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock -outs, labour troubles, inability to procure materials, failure of power, restrictive governmental laws or regulations, riots, insurrection, war or other reason of a like nature not the fault of the party delayed in performing work or doing acts required under the terms of this Lease, then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Notwithstanding anything herein contained, the provisions of this Section 14.07 shall not operate to excuse the Lessee from the prompt payment of Gross Rent, Additional Rent or any other payments required by the terms of this Lease, nor entitle the Lessee to compensation for any inconvenience, nuisance or discomfort thereby occasioned. 14.08 Notices Any notice herein provided or permitted to be given by the Lessee to the Lessor shall be sufficiently given if delivered personally to the Common Clerk, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessor at: C/O The Common Clerk, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4L1, with a copy to Real Estate Services, The City of Saint John, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E2L 4L1, and any notice herein provided or permitted to be given by the Lessor to the Lessee shall be sufficiently given if delivered personally to the party being given such notice or to a responsible employee of the party being given such notice, or if transmitted by telecopier or if mailed in Canada, registered and postage prepaid, addressed to the Lessee at the Leased Premises or at its head office at Box 6215, Saint John, New Brunswick, EX 4117. Any such notice given as aforesaid shall be conclusively deemed to have been given on the day on which such notice is delivered or transmitted or on the third day that there is postal delivery following the day on which such notice is mailed, as the case may be. Either party may at any time give notice in writing to the other of any change of address of the party given such notice and from and after the giving of such notice the address therein specified shall be deemed to include any request, statement or other writing in this Lease provided or permitted to be given by the Lessor to the Lessee or by the Lessee to the Lessor. If there is more than one party named as Lessee, notice to one shall be deemed sufficient as notice to all. 14.09 Place for Payment of Rent The Lessee shall pay the Rent. Including all Additional Rent, at the office of the Lessor specified in Section 14.08 or as such place or places as the Lessor may designate from time to time by notice in writing: currently to the Cashier's Office, City Hall, P. O. Box 1971, 15 Market Square, Saint John, New Brunswick, E21, 411. 14.10 Approval in Writing Wherever the Lessor's consent is required to be given hereunder or wherever the Lessor must approve any act or performance by the Lessee, such consent or approval, as the case may be, shall be given in writing by the Lessor before same and shall be deemed to be effective. 14.11 Governing Law The Lease is to be governed by and construed according to the laws of the Province of New Brunswick. 21 - 14.12 Captions and Section Numbers The captions, section numbers and article numbers appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such sections or articles or of this Lease, nor in any way affect this Lease. 14.13 Partial invalidity If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease and/or the application of such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be separately valid and enforceable to the fullest extent permitted by law. 14.14 No Option The submission of this Lease for examination does not constitute a reservation of or option for the Leased Premises and this Lease becomes effective as a Lease only upon execution and delivery thereof by the Lessor and the Lessee. 14.15 Time To Be of the Essence Time shall be of the essence of this Lease. 14.16 Quiet Enjoyment The Lessor covenants with the Lessee for quiet enjoyment. 14.17 Riders and Schedules Schedules attached hereto form part of this Lease. 14.18 Basement Storage Space Where the Leased Premises includes any area of basement storage space, notwithstanding any provision herein contained, the Lessee acknowledges and agrees that water and sewer lines are located within the basement area of the Leased Premises and that there is a possibility that water and/or sewage may escape from the lines as a result of breakage, blockage, overflow or other cause, and may cause damage to anything stored in the basement area of the Leased Premises. The Lessee acknowledges and agrees that if it chooses to store anything, whether belonging to it or to others, in the basement area of the Leased Premises, it does so at its own risk and the Lessee hereby agrees to release and indemnify and save harmless the Lessor from and against any and all manner of actions, suits, damages, loss, costs, claims and demands of any nature whatsoever relating to or arising out of breakage, blockage, overflow or other problem of the water or sewage lines. 14.19 Early Termination (Mezzanine Only) Notwithstanding anything contained to the contrary in this Lease the Lessor and the Lessee agree the demise of the Mezzanine Space shall terminate at 11 :59 p.m. local time on June 30, 2012, provided that the Lessor shall give notice of such termination to the Lessee on or before January 1, 2012, provided that: (a) the purpose of the termination is for Future Development in the City Market (the Future Development); (b) the Future Development will involve the Mezzanine Space along with other space within the City Market; (c) the Future Development shall have been approved by Common Council; and (d) the Lessor shall give notice of such termination to the Lessee on or before January 1, 2012. 14.20 Lessee's Renovation The Lessor shall, during the first year of the term carry out and complete renovations in accordance with the specifications prepared by Toss Solutions Inc. and approved by the Heritage Planner of The City of Saint John. The said specifications are attached hereto as Schedule "X ". 22 _ SCHEDULE "D" RULES AND REGULATIONS 1. All loading and unloading of goods shall be done only at such times, in the areas, and through the entrances, designated for such purposes by the Landlord. 29 The delivery or shipping of merchandise, supplies and fixtures to and from the Leased Premises shall be subject to such controls as in the judgment of the Landlord are necessary for the proper operation of the Leased Premises and /or the City Market. 39 All garbage and refuse shall be kept in the kind of containers specified by the Landlord and shall not be burned in or about the Leased Premises. 4. No radio, television, telegraphic or telephone or similar device and no water pipe, gas pipe or electric wire shall be installed or connected without obtaining in each instance the written consent of the Landlord. All such connections shall be installed in accordance with the Landlord's direction and without such direction no boring or cutting for wires or pipes shall be permitted. 59 The Tena��t will be required to remain open for business as follows. a. Stalls shall be open for business at all times while the market is open to the public. b. Year round stands shall be open for business at all times while the market is open to the public. 69 The plumbing facilities shall not be used for any other purpose than that for which they are intended, and no foreign substance of any kind shall be thrown therein, and the expense of any breakage, stoppage or damage resulting from a violation of this provision shall be borne by the Tenant. 7. The Tenant shall use at the cost of the Tenant a national recognized pest extermination contractor. 8. The Tenant, its employees or agents, shall not mark, paint, drill or in any way deface any walls, ceilings, partitions, floors, wood, stone or iron without the written consent of the Landlord. 90 Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit any cooking in the Leased Premises without the written consent of the Landlord. 10. No aisle, sidewalk, entry, passageway, elevator or staircase shall be obstructed or used by the Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees for any purpose other than ingress to and egress from the Leased Premises, lie The Tenant, its officers, agents, servants, employees, contractors, customers, invitees or licensees shall not bring in or take out, position, construct, install or move any safe or other heavy equipment or furniture without first obtaining the consent in writing of the Landlord. In giving such consent, the Landlord shall have the right in its sole discretion, to prescribe the weight permitted and the position thereof, and the use and design of planks, skids or platforms to distribute the weight thereof. All damage done to the City Market by moving or using any such safe, heavy equipment or furniture shall be repaired at the expense of the Tenant. The moving of all equipment and the furniture shall occur 23 - only during those hours when the City Market shall not be open for business or any other time consented to by the landlord. 129 All persons entering and leaving the building in which the Leased Premises are situated must do so during hours the City Market is staffed by City Market employees. The Landlord at its sole discretion may determine the hours the City Market is staffed. Tenants shall register in books if so required by the Landlord when accessing the Market "after Market hours ". The Landlord is under no responsibility for failure to enforce this rule. Be The Tenant shall not place or cause to be placed any additional locks upon any doors of the Leased Premises without the approval of the Landlord and subject to any conditions imposed by the Landlord. 149 No one shall use the Leased Premises for sleeping apartments or residential purposes, or for the storage of personal effects or articles other than those required for the purposes permitted by the lease to which these rules and regulations are annexed. 159 Subject to the Landlord's providing such service, the Tenant shall permit window cleaners to clean the windows of the Leased Premises from time to time and at reasonable times. 16. Any hand trucks, carryalls or similar appliances used in any building in the Shopping Centre shall be equipped with rubber tires, side guards and such other safeguards as the Landlord shall require. 179 No animals or birds shall be brought into the Leased Premises except as permitted by the lease to which these rules and regulations are annexed. 18. Except as permitted in the lease to which these rules and regulations are annexed, the Tenant shall not permit the delivery of any food or beverage to the Leased Premises without the approval of the Landlord. 190 The Tenant shall not solicit business in the common areas or distribute any handbills or other advertising matter in the common areas or in automobiles parked in the parking areas. 209 The Tenant may only sell merchandise that is approved by the Landlord through their lease or otherwise. 219 The Tenant shall not keep or display any merchandise on or otherwise obstruct the common areas adjacent to the Leased Premises. 229 The Tenant shall not use or permit any of the Leased Premises to be used in such a manner as to cause annoying noises or vibrations or offensive odours. 239 The Tenant is responsible to remove garbage from their premises and deliver to the compactor designated by the Landlord and to place the garbage in the compactor. 249 A set of plans must be presented and the approval must be given by the landlord for any improvements or painting, etc. to the stands (including signs). 259 Merchandise, displays, shelves, etc., are not to exceed the height of the bottom meat hook bars on each stand. 26. No solid dividers are to be placed between the top and bottom meat hook bars. 27. Displays underneath the stands must be set up 6" off the floor on legs or wheels so the floor can be swept and washed down properly. 28. Covers are not to be placed over merchandise on stands without the prior approval of the .Landlord. 29. Signage is to be in keeping with the historic character of the City Market and must meet the following criteria: 24 - Materials: Wood and metal are considered to be appropriate materials. Plastic may be used provided that it looks like one of the acceptable materials. Internally-illuminated y plastic faced box signs will not be acceptable; Number of Signs: Each tenancy will be permitted one bench -top sign on each bench (7'- 0" length), or one projecting sign on each aisle -side that identifies the business by name and type; Bench -top Signs: These signs are the preferred located 1 to 2 inches above the top rail of the name. They will consist of a 8" high by 6' -0" lettering printed, painted, composed of individu material and painted a contrasting colour. The another tenancy; primary form of signage. They must be bench, and should display the business long narrow band of material with the al raised letters, or lettering cut into the rear may not be used for signage over Projecting Signs: Projecting signs may be used and shall be constructed as two -sided signs. They may only be located at a bench post, and must be rigidly fastened in p lace. They shall be vertical in proportion. The maximum size for projecting signs shall be 18" high x 12" wide. Only one per tenancy per aisle side shall be permitted as Business identifications; Lighted Signs: Not permitted; Temporary Signs: Any number of signs advertising goods for sale, specials, etc. shall be permitted. They may not exceed 8.5" x 1 1" in size, and must not excessively obscure the view through the bench between the first and last rail above the bench. 25 - *9115 Pin.44KIIW i APPLICATION FOR AGREEMENT HEAD OFFICE OR PROPRIETOR'S NAME STORE NAME AND NUMBER STORE ADDRESS HEAD OFFICE ADDRESS TRANSIT NUMBER DATE OF LEASE NAME IN WHICH ACCOUNT STANDS IN BANK RECORDS SIGNING OFFICER SIGNATURE ACCOUNT RECEIVABLE NUMBER MONTHLY CHARGES DATE OF LAST PAYMENT BANK ACCOUNT NUMBER BANK AND BRANCH I authorize (hereinafter referred to as the "Company ") And /or to debit the account of the undersigned maintained with the financial institution indicated above, monthly, in accordance with the PAYMENT AUTHORIZATION below, for the purpose of paying monthly rentals as noted above. NAME OF BANK ADDRESS You are hereby requested and authorized to pay and debit my /our account at your office or at another branch of your institution if it is transferred there; all cheques drawn on you on my behalf and made payable to the Company or drawn on you 26 - by ; and all amounts specified on any magnetic or computer produced paper tapes requesting you to pay the Company or In consideration of your acting as aforesaid, it is agreed that your treatment of each cheque and /or tape and your rights with respect to it shall be the same as if it were signed by the undersigned personally, authorizing and requesting you to pay and credit such amount to the said Company Debiting my account and failure to pay shall give no liability on your part, regardless of the loss or damage. If the financial institution indicated above is not a bank in which THE BANK ACT OF CANADA applies, "cheque" as unused in this authorization shall include an "Order" that would be a cheque within he meaning of section 165 in THE BILLS OF EXCHANGE ACT (CANADA). Any delivery of this authorization to you will constitute delivery by the undersigned. (The signature appearing below must be the same as the signature appearing in the signature file of the financial institution identified above.) DATE AUTHORIZED SIGNATURES) DO SCLO �it_t� N _l v J > o -' z n rn "v mi rn vwq n z 1 s c z - t- tl Pr so •• 1 •1 r Pr isfoll All • • . -• Y.- t2161) all Y►r�• ^._ X11 . V oal - o%II_ r ._- lose" lo 1 Ar all WS4 'I call, oaf f so isfoll All • • . -• Y.- t2161) all Y►r�• ^._ X11 . V oal - o%II_ r ._- lose" lo 1 Ar all WS4 'I call, oaf f 1 1 � is i i •- i f t — ,• - N i i r(%1 •� -- i. r " 41 SIP �. Sol • �. �r• w -•r �•�- ••rte- ••►•�/►__ - ,«� - amp So �• ma M • . • �� a "� Ao too " "_• • ,_ r.. • . • • • 11' - polo • w- • • . 1 • •�. Mae � up 00 ftwo • S f w 7 �• r ole s L AMI op. r. � _ 0 • -.. r ..._ 1 �1 i i r 1 1 r • •40A• Io 1 - 1 - ftai..•..r...��. I�r v 1 •1 1 1 � is i i •- i f t — ,• - N i i r(%1 •� -- i. r " 41 SIP �. Sol • �. �r• w -•r �•�- ••rte- ••►•�/►__ - ,«� - amp So �• ma M • . • �� a "� Ao too " "_• • ,_ r.. • . • • • 11' - polo • w- • • . 1 • •�. Mae � up 00 ftwo • S f w 7 �• r ole s L AMI op. r. � _ 0 • -.. r ..._ 1 �1 i i r 1 1 r • •40A• Io 1 - 1 - ftai..•..r...��. I�r v Schedule "X" I n c 107 CHARLOTTE STREET SAINT)OHN N6 E2L 2)2 T SM632s%79 F S069633oSS73 Project LINJA GIFT SHOP CITY MARKET EXISTING FLOOR PLAN JAN 089 2006 Scale Sheet 3/16 " =1' -0" Schedule "X" I n c 107 CHARLOTTE STREET SAINT JOHN Ne E2L 2J2 T 506.632.9678 F SM6339SS73 Project i LINJA GIFT SHOP CITY MARKET PROPOSED FLOOR PLAN Dote JAN 08, 2006 SCOW 3:16" = 1'- 0" Sheet Schedule «X" 05-28 City of Saint John -Linja Gifts Proposed Finishes 1 i ,�. i r • r • BEIGE i i i 1 I 1 1 I 1 i HC48 1 SHELBURNE BLUFF r i i G 1 f}5 f i 1 1 I 1 1 i 1 s • 1 BENJAMIN i 1 I I i i r BY -LAW NUMBER C -1 A BY -LAW RELATING TO THE MARKET IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows. A By -law of the City of Saint John entitled "A By -law Relating to the Market In The City of Saint John ", enacted on the 18th day of May, A.D. 2005 is hereby amended as follows: 1 Amending Section 5(2) by adding the following immediately after subsection 5(2)(n): (o) Stalls 6 &7 IN WITNESS WHEREOF The City of Saint John has caused the Common Corporate Seal of the said City to be affixed to this by -law the day of September A.D. 2007 and signed by: First Reading Second Reading Third Reading Mayor/Maire ARRETE NUMERO C -1 ARRETE CONCERNANT LE MARCHE DE THE CITY OF SAINT JOHN Le conseil communal de The City of Saint John edicte: L' arrete intitule "Arrete concernant le marche de The City of Saint John" decrete le 18 mai 2005, est modifie comme suit. 1 La modification du paragraphe 5(2) par 1'adjonctin de ce qui suit immediatement apres 1'alinea 5(2)(n): (o) Kiosques 6 &7 EN FOI DE QUOI The City of Saint John a fait apposer son sceau communal sur le present arrete le septembre 2007, avec les signatures suivanted. Common Clerk/Greffier communal - August 27, 2007 - August 27, 2007 J Premiere lecture Deuxieme lecture Troisieme lecture -27 aout, 2007 -27 aout, 2007 August 24, 2007 Your Worship and Councillors: SUBJECT: Fundy View Gardens Subdivision 1967 Manawagonish Road The Planning Advisory Committee considered the attached report at its August 21, 2007 meeting. The Developer, Stillmen Wilcox, appeared before the Committee in support of the application and staff recommendation. Mr. Melvin Mawhinney of 8 Day Drive also appeared before the Committee with regards to clarification on the proposed distance between the closest townhouse building to his property. After a discussing the matter of the requested temporary turnaround and potential for future development, the Committee resolved to adopt the staff recommendation, which is set -out below for your convenience. The Committee also approved the proposed private courts as recommended, as well as approved the names of some of the proposed courts (further street name approvals are expected to occur at a later Committee meeting). RECOMMENDATION: 1. That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the attached photo- reduced revised Fundy View Gardens Subdivision tentative plan, including the proposed new public street (and extension), and any necessary municipal services and public utility easements. 2. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 3. That Common Council authorize cost - sharing outside of the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By -law. Respectfully submitted, Stephen Cronk Vice - Chairman DATE: AUGUST 17, 2007 TO: PLANNING ADVISORY COMMITTEE FROM: PLANNING AND DEVELOPMENT FOR: MEETING OF AUGUST 21, 2007 Mark O'Hearn Planning Officer SUBJECT: Name of Applicant: Fundy View Estates Inc. Name of Owner: Fundy View Estates Inc. Location: 1967 Manawagonish Road (File) PID: 55166177 (portion thereof) Municipal Plan: Low Density Residential Zoning: "TH" Townhouse & "R -1 A" One Family Residential Proposal: To carryout a townhouse development along a public and private streets. Type of Application: Subdivision and Variances that would: (a) Reduce the minimum side yard requirement of 3 metres (10 feet) to approximately 1 metre (3.3 feet) or greater; and (b) Allow two dead -end streets with one having a temporary gravel turnaround. Fundy View Gardens Subdivision Page 2 1967 Manawagonish Road August 17, 2007 JURISDICTION OF COMMITTEE: The Act authorizes the Committee to advise Common Council on subdivision developments, including the assent of streets and public easements, authorization of City/Developer Subdivision Agreements, and cost - sharing outside the limits of a subdivision. The Act also authorizes the PAC to grant reasonable variances from the requirements of the Zoning and Subdivision By -laws. Conditions can be imposed by the Committee. Finally, the Subdivision By -law authorizes the Committee to approve lots abutting accesses other then public streets when advisable for the development of land, and the approval of new street names. STAFF RECOMMENDATION TO COMMITTEE: That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the attached photo - reduced revised Fundy View Gardens Subdivision tentative plan, including the proposed new public street (and extension), and any necessary municipal services and public utility easements. 2. That Common Council authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer. 3. That Common Council authorize cost - sharing outside of the limits of the proposed subdivision in accordance with Section 26 of the Subdivision By -law. 4. That the Planning Advisory Committee grant the following variances from the requirements of the Zoning and Subdivision By -laws that would: (a) Reduce the minimum side yard requirement of 3 metres (10 feet) to approximately 1 metre (3.3 feet) or greater as generally illustrated on the submitted tentative subdivision plan; and (b) Allow a dead -end street (Seaspray Drive) with a temporary gravel turnaround until such time the street is extended, and allow Jennifer Street to remain with a permanent dead -end terminus. 5. That the Planning Advisory Committee approve the private courts for the proposed townhouse development on the following conditions: Fundy View Gardens Subdivision 1967 Manawagonish Road Page 3 August 17, 2007 (a) The private courts must be constructed in accordance with detailed engineering plans, approved by the Chief City Engineer, illustrating an asphalt surface and concrete curbing, municipal services, underground public utilities, and any necessary street lighting; and (b) The subdivision plan and individual deed for all the proposed lots abutting private lanes must indicate that these are private accesses that will not be maintained by the City of Saint John. 6. That the Planning Advisory Committee approve the new street names "Stacey Court" and "Julie Court." BACKGROUND: On June 17, 2003 the Planning Advisory Committee favourably considered a rezoning and subdivision application by the Developer (Fundy Project Management Inc. now known as Fundy View Estates Inc.) seeking permission to undertake a subdivision development consisting of one and two - family dwellings and townhouses. On July 7, 2003 Common Council gave third reading to the requested rezoning and provided all the necessary assents and approvals for the overall subdivision development. On August 12, 2003 the Committee favourably considered a further subdivision application by the Developer with respect to the townhouse development (see attached tentatively approved Seaview Garden Homes plan). The Committee approved the proposed private lanes, and Common Council later assented to the subdivision with all the necessary approvals. On April 17, 2007 the Committee considered a further rezoning and subdivision application involving the subject area. This application sought approval to develop 40 townhouse units contained in 7 buildings along a public and private streets (see attached previous Fundy View Gardens Subdivision plan). There were two townhouse buildings proposed along an extension of Jennifer Street that was not included in the original development plan for this portion of the subdivision project. This area was requested to be rezoned by the Developer from "R -IA" One Family Residential to "TH" Townhouse. In addition, the plan proposed to connect the townhouse development to Jennifer Street. This was a significant concern for residents in the developing Fundy View Estates Subdivision. In light of the various concerns raised by area residents, the Committee resolved to deny this application. Later Common Council gave first and second reading to the rezoning, but requested that City staff and the Developer meet with residents to resolve the concerns raised by the proposal. After further discussion with staff and the residents the Developer has decided to amend the development plans in a manner that reduces the number of townhouse units and Fundy View Gardens Subdivision Page 4 1967 Manawagonish Road August 17, 2007 eliminates the connection to the Fundy View Estates Subdivision (see attached revised Fundy View Gardens Subdivision plan). The revised proposal does not require rezoning. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has provided the following comments: (a) Municipal services can be provided in order to service the proposed lots. (b) The proposed streets are acceptable. Engineering plans will be required to ensure that they are properly constructed. (c) The Developer must provide a drainage study /plan for Building Blocks "A" & "B" to ensure surface drainage does not adversely affect the existing homes to the south along Day Drive. (d) A municipal services easement must be shown for the water sewer mains connecting Seaspray Drive and Jennifer Street. (e) A permanent cul -de -sac should be constructed at the end of Seaspray Drive. The temporary turning circle as shown is not acceptable as the adjacent property is not owned by Fundy View Estates Inc. Building and Technical Services has no concerns with regards to this application. Saint John Energy has overhead facilities along Manawagonish Road. An extension of facilities may be required in order to service the proposed lots, and such extension would be at the Developer's cost. Easements will be required in order to provide underground utilities to the proposed townhouses. Aliant Telecom and Rogers have been advised of this proposal. Maritimes & Northeast Pipeline has no concerns with regards to this proposed townhouse project. Fire Department has provided the following comments: (a) Fire separation with the building units must satisfy the requirements of Fire Walls and Party Walls as stipulated in Section 9. 10.11 of the National Building Code of Canada 1995. Fundy View Gardens Subdivision Page 5 1967 Manawagonish Road August 17, 2007 (b) Fire separation between buildings must satisfy the requirements of Section 9.10.14.11 & 9.10.14.12 of the National Building and Fire Codes of Canada 1995. (c) Hydrants must be extended in accordance with the policy adopted by Saint John Water. (d) The street network must adhere to the National Building Code Standard 3.2.5.6 (Access Route Design). Saint John Fire Department reserves the right to accept any turnaround as requested by the Developer. A site assessment will be required for the purposes of determining whether fire apparatus can turn in any of the proposed areas. Saint John Transit provides significant service along Manawagonish Road, and has no concerns with respect to this proposed housing project. N.B. Department of Transportation has no concerns regarding the rezoning of the subject property and proposed townhouse development. School Board has been advised of this proposal. ANALYSIS: Subject Property and Neighbourhood The subject property is situated on the south side of Manawagonish Road in West Saint John (see attached location map). The subject site has an area of approximately 2.4 hectares (5.9 acres). The property has remained an open field that slopes away from Manawagonish Road. The former Anchor Light Motel is situated immediately to the northwest at 1989 Manawagonish Road (shown as Lot 03 -1 on the submitted revised plan). The large adjacent property also contains dwelling and several barns. To the west is a large pasture. Directly across the street ( Manawagonish Road) is a tall cellular tower. To the north and northeast are various light industrial businesses. To the south is the developing Fundy View Estates subdivision, which presently consists of two public streets (Day Drive and Jennifer Street) and approximately sixteen (16) one - family residential lots. Revised Townhouse Development Proposal A further application has been received from the Developer now seeking permission to construct 30 townhouse units in 5 buildings along a public and private streets (see attached revised Fundy View Gardens Subdivision plan). This plan also illustrates a new one - family building lot (Lot 07- 27) at the end of the proposed public street (Seaspray Drive). Fundy View Gardens Subdivision Page 6 1967 Manawagonish Road August 17, 2007 By way of background, the City in 2003 approved a proposed townhouse development adjacent to Manawagonish Road that was to be known as Seaview Garden Homes (see attachments). Earlier that same year Common Council rezoned the subject area to "TH" Townhouse (as well as a large area adjacent to the Saint John Throughway). This previously proposed townhouse development was to consist of 5 buildings with a total of 22 units. Four of these buildings would access private streets (Stacy, Nichole, Niomi and Julie Courts). A central cul -de -sac public street ( Seaview Street) would provide access to the fifth building, as well as provide a means of access to Manawagonish Road for the private courts. While the Developer has proceeded with the Fundy View Estates Subdivision located behind the subject area, the anticipated townhouse project has not yet been undertaken. The Developer has indicated that the original proposal is not financially viable. Earlier this year a further tentative subdivision plan was considered (see previous Fundy View Gardens Subdivision plan). This plan was somewhat similar to the originally approved plan in that the project would have still consisted of a public street with private courts, but while there would still be 5 buildings in the original development area 30 townhouse units would constructed instead of 22 units. The plan also proposed to construct a public street (Seaspray Drive) that would provide a secondary connection for the developing Fundy View Estates Subdivision to Manawagonish Road. Jennifer Street would have been further extended, in the future, over Lot 03 -1 (subject to private land negotiations). In addition to the original development area, the Developer was also requesting to construct two further buildings (Building Blocks "F" & "G ") that would have created 10 more townhouse units along the west side of Jennifer Street (extension). This portion of the development site required rezoning from "R -IA" One Family Residential to "TH" Townhouse. As mentioned in the Background section of this report, this proposal was denied by the Planning Advisory Committee due to concerns raised by area residents. Notwithstanding, Common Council gave first and second reading to the requested rezoning, but requested City staff and the Developer to meet with residents in order to resolve their concerns. Since that time the Developer has decided to further revise the proposal in a manner that reduces the number of townhouse buildings and thereby avoids the necessity of rezoning, as well as eliminate the proposal to connect Jennifer Street (Fundy View Estates Subdivision) to Seaspray Drive (Fundy View Gardens Subdivision). Fundy View Gardens Subdivision Page 7 1967 Manawagonish Road August 17, 2007 Consideration of the Requested Variances The revised tentative plan avoids some of the variances originally sought by the Developer. Still necessary, however, is a reduced side yard of 1 metre (3.3 feet) or greater. Like most grouped townhouse projects, the property boundaries have been placed closely around the buildings with the amenity spaces being contained in Trustee areas. The actual distance between the buildings and overall property boundary exceeds the minimum yard requirement. Therefore this variance can still be recommended for approval. The Subdivision By -law allows for new streets (or extensions) to be constructed with a dead -end terminus, if in a future phase the subdivision (i.e., street) will be further extended in a manner that provides for a secondary access (i.e., connection to another street). In this case the street (Seaspray Drive) is anticipated to be extended, but the Developer has felt it inappropriate to submit any plans about the future development since the land negotiations are still ongoing with the property owners. Therefore, the Developer is seeking a variance from the requirements of the Subdivision By -law to allow for the creation of a temporary gravel turnaround at the end of Seaspray Drive. Municipal Operations and Engineering could support the provision of a temporary gravel turnaround for Jennifer Street extension as it was expected in the future that the adjoining Lot 03 -1 would be further developed (likely with additional townhouse). If not, there was opportunity to construct a permanent turnaround, if necessary, within the proposed public right - of -way and/or adjoining Trustee Lands. To insist on a permanent turnaround, in light of the future development potential of the area, was not recommended at that time. However, Engineering does not support the proposed temporary turnaround for the revised plan. The primary concern is that there is no real indication when Seaspray Drive will be further extended. As noted on the tentative plan this street would likely be extended west onto the adjoining Carvell Property (and/or possibly towards Manawagonish Road through Lot 03 -1). Since there has been no indication when such a future phase of the development would occur, and given the different landownership, Engineering can now only support the construction of a permanent turnaround. With regards to the construction of the turnaround Engineering has also mentioned that the turnabout would need to be placed at the end of the proposed street as required by the Subdivision By -law. Notwithstanding these concerns, earlier this year City staff (Planning and Engineering) did support the approval of a very similar temporary turnaround when Jennifer Street was proposed to be extended. While the Developer had a business relationship with the adjacent landowners there were no plans provided for the future extension of Jennifer Street. Furthermore, the proposed gravel turnabout was even smaller in diameter than proposed. In light of the previous position the necessary variance to allow for the new proposed turnaround can also be recommended for approval. Fundy View Gardens Subdivision Page 8 1967 Manawagonish Road August 17, 2007 The revised plan would also vest a 9.3 metre (30.5 foot) extension to Jennifer Street right -of -way. This street was originally planned to be further extended towards Manawagonish Road. The revised plan would have it developed with a permanent dead -end terminus. Given its short length Municipal Operations and Engineering has no concerns. Approval of this variance can also be recommended. Provision of Street Work and Facilities The Developer will be responsible to construct the proposed new streets with an asphalt surface and concrete curbing. Municipal services will need to be extended, and public utilities are required to be provided via an underground conduit system. There will also be a requirement for necessary street lighting. The Developer is requesting that the proposed courts be developed as private accesses. This was previously requested with the original townhouse project, and the same conditions requiring that these courts to be paved and enclosed with concrete curbing has been recommended. The subdivision plan and deed to these abutting lots will also need to clearly indicate that these courts will not be maintained by the City of Saint John. The recommendation includes all the necessary assents and approvals for the proposed development. As part of the work required by the Developer will be to ensure proper drainage of the development site, especially in the vicinity of Building Blocks "A" & "B" where a noticeable grade change exists in behind the residential properties. Land for Public Purposes The overall tentative approval plan for the subdivision provided for a significant Land for Public Purposes dedication towards the southern portion of the original property (see attachments). This dedication represents approximately 16 percent of the overall development area including the townhouse area. Common Council has already assented to this dedication, which will be acquired as future phases of Fundy View Estates Subdivision is undertaken. It is expected that there will still be a substantial credit that could be used by the Developer if development proceeds onto the adjoining land to the west. Street Naming The requested street names "Stacey Court" and "Julie Court" are sufficiently different in sound and spelling from other existing street names in the Saint John area. However, the other names "Naomi Court" and "Seaspray Drive" are not acceptable. At the time of preparing this report the Fundy View Gardens Subdivision Page 9 1967 Manawagonish Road August 17, 2007 Developer had still not yet submitted more suitable names for approval. It is hoped that such names will be provided before the meeting. If not this matter can be considered later by the Committee. CONCLUSION: The Developer is seeking permission to undertake a townhouse development on the subject area. The revised plan attempts to address the concerns raised by residents with regards to a similar proposal considered earlier this year. The requested variances required for this revised proposal are considered reasonable. All the necessary assents and approvals have been included in the recommendation for this revised townhouse project. A further report will be necessary with respect to the naming of some of the proposed streets. MRO Project No. 07 -321 lk N a O t s 3 +ri i M L w C� s pQ c On! YIrA�N! 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O U O • c NA H � W m� �% I t r 1 1 i J L A n O r=I O jenn'ter totleet V A 42 O � The City of saint John 1 August 27, 2007 His Worship Mayor Norman McFarlane And Members of Common Council Your Worship and Councillors: RE: Proposed Governance System BACKGROUND On Monday August 20, 2007 Common Council, meeting in Committee of the Whole, received a report from staff regarding a proposed new governance model for the City of Saint John. At the meeting questions were raised regarding an implementation date for the new system prior to the May, 2008 municipal elections. This request arose from a desire to have the new system firmly embedded prior to the new municipal council coming into office. Implementation options have been reviewed and a proposed plan has been prepared for Council's consideration. IMPLEMENTATION PLAN: If Common Council is supportive of the new governance system as presented in the staff report then implementation could commence in January of 2008. The implementation process would consist of two phases. Phase One: In the first phase of implementing the system Council members will be appointed to the four Standing Policy Committees as of January 1, 2008. The committees would be responsible for developing plans to address the mandate of the committee. This would require staff support and involve some level of community consultation (will vary by committee). These plans would require Council approval before any actions could commence. As was noted on Monday evening this is a key first step to ensure that the work of all committees is aligned and supportive of the overall direction of the City. It also facilitates the delegation of administration of these plans by Council to the various Standing Policy Committees. 4) 11 SAINT JOHN P.O. Box 1971 Saint john, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, NA. Canada E2L 4L1 The development of plans for each Standing Policy Committee is a major step in the success of implementing this new governance model. These plans should be submitted to Common Council for approval by April 15, 2008. During this planning phase it is recommended that the committees pick a meeting chair at each of their meetings rather than appointing permanent chairs. In addition to the development of these plans the Standing Policy Committees would also be open to on -going input from the general public regarding their issues and concerns. This type of input will greatly assist the Committees in the formulation of plans associated with their mandates. There are a number of other procedural type recommendations in the staff report (timing of Council kit distribution, handling of general correspondence) that should be implemented as of January 1, 2008. Phase Two: Following the Municipal Election in May the new Procedural By -Law would come into effect in full and the standing committees would start to work on the actions associated with their plans at that time. This would also be the appropriate time to review the current Agencies, Boards, Commissions and existing Council Committees to determine their relevance or continued need under the new governance model. NEXT STEPS: Before any more work can be completed Common Council needs to have a detailed discussion regarding the new governance system. There are a number of key decisions which must be made by Council if we are to proceed with the implementation plan. Council must reach satisfaction that the proposed governance system is an improvement over their existing process and if so a Council must make a decision to approve the new system. Council must consider and make decisions on various process and structural components of the new governance system. The report presented to Council contains a significant amount of detail on the structure of the new system all of which must be fully understood before determining how to proceed. These two steps must be completed by September 30, 2007 to accommodate the Implementation Plan. • Council must agree on the mandates for the four Standing Policy Committees. Staff will be in a position to make recommendations in this regard once the Citizen's Advisory Committee has completed their work on the Community Vision and Goals. We would expect that the Vision 2015 Committee will be able to have a recommendation for Council by October 15, 2007. The new Procedural By -law provisions need to be drafted for consideration by Council. The By -law should be prepared so that it can be adopted by December 192007. Public Education needs to be undertaken with regards to the new system. The most important thing here will be to have clear and concise information available to the public that explains how they can get an issue addressed by Council and how they can interact with Council on any particular matter. This education process should take place during the months of November and December, 2007. RECOMMENDATION: That Common Council endorse the Implementation Plan for the new Governance System as outlined in this report and; That Common Council schedule a special meeting on Tuesday, September 4, 2007 at 5:00 pm to further consider the process and structural components of the new governance system with the intention of moving forward with the decision making steps detailed in this report. Respectfully submitted, // Andr6 P. Beckett C.A. Deputy City Manager Programs & Priorities Councillor Glen Tait Chair— Vision 2015 Steering Committee BRUNSWIC PIPELINE An emera Company HAND DELIVERED August 20, 2007 Mayor Norm McFarlane and Members of Saint John Common Council Common Clerk's Office 8`h Floor, City Hall P.O. Box 1971 Saint John, NB E2L 4L1 Your Worship and Councillors: 40 WELLINGTON ROW ONice: 506.693.9148 2 "D FLOOR Fax: 506.693.8929 SAINT JOHN, NEW BRUNSWICK w .brunswickpipellre.com CANADA E2L 3H3 RE: Brunswick Pipeline Request to Present to Common Council As part of our efforts to keep the community and key stakeholders up -to -date with our activities, Brunswick Pipeline hereby requests an opportunity to present an update to Saint John Common Council on the status of our pipeline project. If possible, we request the date of Monday, September 10, 2007 as our President, Robin McAdam, will be in Saint John. However, if this date is not acceptable please suggest an alternative. Thank you in advance for your consideration, and I look forward to your response. Thank you, Susan Harris Community Relations Manager Brunswick Pipeline cc: llis Worship, Mayor Norm McFarlane